PHILADELPHIA — A federal appeals court is deliberating whether Alina Habba, a former attorney for President Donald Trump, can continue serving as the acting U.S. attorney for New Jersey. The case could have significant implications for how U.S. attorneys are appointed nationwide.

On Monday, a three-judge panel from the 3rd U.S. Circuit Court of Appeals heard arguments regarding Habba's appointment. A federal judge previously ruled that she was unlawfully serving in the role after her 120-day interim term expired without Senate confirmation. The judge described the Trump administration's actions to keep Habba in the position as a “novel series of legal and personnel moves.”

During the hearing, Judge D. Brooks Smith questioned the legitimacy of Habba's dual titles as both acting U.S. attorney and special attorney. He asked, "Would you concede that there are serious constitutional implications to your theory, or the Government's theory, which really is a complete circumvention it seems of the Appointments Clause?"

Henry C. Whitaker, a Department of Justice attorney, defended the administration's actions, arguing that Habba was appointed by the attorney general and that her position did not require Senate confirmation. He stated, "There is no categorical requirement that there be any level of experience."

However, Abbe Lowell, representing a defendant challenging Habba's authority, criticized the administration's approach. He described it as a “jerry-rigged way” to maintain her position and urged the judges to uphold the lower court's ruling disqualifying her.

The judges expressed skepticism about the unusual circumstances surrounding Habba's appointment. Judge Smith remarked, "Can you come up with an example of any time that such a concatenation of events has occurred with respect to the appointment of a United States attorney?" Whitaker admitted he could not provide a similar example.

The case is particularly significant as it may set a precedent for other U.S. attorneys facing similar challenges, including those in Nevada and Northern New York. The judges did not indicate when they would issue a ruling.

After the hearing, Habba took to social media to criticize the legal challenge and the Senate Democrats who have opposed her nomination. She stated, "When millions of Americans voted for a change in leadership in November, they voted for a new direction. That choice should not be undermined by political obstruction in Congress or by criminal defendants."

The ongoing legal battle has led to a slowdown in federal prosecutions in New Jersey. The situation has been exacerbated by a government shutdown, which has further delayed court proceedings.

As the appellate judges consider the arguments, the outcome could have far-reaching effects on the Justice Department and the appointment process for U.S. attorneys across the country.