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department of Justice Seeks Rehearing in Alina Habba Appointment Case
The Department of Justice (DOJ) has petitioned the third U.S. Circuit Court of Appeals to reconsider its December ruling that deemed the appointment of Alina Habba as acting U.S. attorney for New Jersey unlawful [[1]]. This move comes after Habba resigned from the position following the initial court decision.
Background of the Case
Alina Habba, a lawyer who previously represented former President donald Trump, was appointed as the interim U.S. attorney for New Jersey. A three-judge panel of the Third Circuit Court of Appeals ruled that her appointment violated the Federal Vacancies Reform Act (FVRA) because she was not serving in the role of first Assistant U.S. Attorney at the time the previous U.S.attorney resigned in January 2025 [[2]]. habba afterward stepped down to protect the integrity of the office [[3]].
DOJ’s Argument for Rehearing
The DOJ argues that the panel’s interpretation of the FVRA is overly restrictive and coudl substantially hinder the ability of the executive branch to fill vacant positions, particularly during presidential transitions. In its petition, the DOJ warns that the panel’s decision could disrupt established practices followed by the past four administrations [[1]]. The DOJ contends that the ruling misreads the law and sets a precedent that would create unneeded obstacles to effective governance.