Appeals Court Declines to Reconsider Alina Habba’s Disqualification as US Attorney

The Justice Department could ask the Supreme Court to hear the case.

Alina Habba speaks after being sworn in as interim U.S. attorney for the District of New Jersey, in the Oval Office of the White House on March 28, 2025. Pool via AP

A federal appeals court on Jan. 26 declined to rehear an attempt by the Justice Department to reinstate Alina Habba as the acting U.S. attorney for New Jersey.

A three-judge panel of the U.S. Court of Appeals for the Third Circuit, on Dec. 1, affirmed a district court decision that disqualified Habba from serving in the role, to which she was appointed on July 24. The Justice Department petitioned the whole court to rehear the case, but a majority of the judges voted to deny that request.