Federal appeals court declines to reconsider Alina Habba disqualification case

A federal appeals court Monday declined to reconsider a three-judge panel’s decision to uphold Alina Habba’s disqualification as the top federal prosecutor in New Jersey, paving the way for the case to be heard before the Supreme Court.

The three judges issued the ruling last month, finding that Habba, who previously served as President Donald Trump's personal lawyer, was unconstitutionally appointed after her interim appointment expired without Senate confirmation.

The U.S. Court of Appeals for the 3rd Circuit said in a short order that the judges who gave the ruling last month did not ask to rehear the case, and that the majority of judges in the 3rd Circuit voted against putting the matter in front of the full court. 

Three of the court's judges did rule in favor of hearing Habba's case, but it needed a majority of the 11 judges to hear the case. One judge is expected to issue a dissent, according to The Hill.

The Justice Department has attempted to keep Habba in her interim role after the appointment expired, but the former attorney stepped down in December. 

"As a result of the Third Circuit's ruling, and to protect the stability and integrity of the office which I love, I have decided to step down in my role as the U.S. Attorney for the District of New Jersey," Habba said at the time. "Make no mistake, you can take the girl out of New Jersey but you cannot take New Jersey out of the girl."

Misty Severi is a news reporter for Just The News. You can follow her on X for more coverage.