A federal appeals court has ruled that Alina Habba, former personal attorney to President Donald Trump, is disqualified from serving as the U.S. attorney for New Jersey. The 3rd U.S. Circuit Court of Appeals upheld a lower court's decision, stating that her appointment violated the Federal Vacancies Reform Act (FVRA).

Habba was nominated for the U.S. attorney position but was never confirmed by the Senate. After district court judges declined to appoint her, the Trump administration attempted to install her by withdrawing her nomination and placing her in a role that allowed her to serve. The appeals court found this maneuver improper.

"Habba is not the Acting U.S. Attorney for the District of New Jersey by virtue of her appointment as First Assistant U.S. Attorney because only the first assistant in place at the time the vacancy arises automatically assumes the functions and duties of the office under the FVRA," the court stated. The ruling emphasized that because Habba was nominated for the vacant position, the FVRA's nomination bar prevented her from assuming the role of Acting U.S. Attorney.

The court's opinion also noted that the Attorney General's delegation of powers to Habba was prohibited by the FVRA's exclusivity provision.

The ruling raises questions about the impact on ongoing cases in New Jersey's federal courts and whether Habba will continue in her current role. The Trump administration is expected to appeal the decision, which could lead to a Supreme Court review.

Lawyers who challenged Habba's appointment welcomed the ruling. "President Trump cannot usurp longstanding statutory and constitutional processes to insert whomever he wants in these positions," said Abbe D. Lowell, one of the attorneys involved in the case.

Habba, who had previously served as Trump's attorney in various civil cases, was appointed as interim U.S. attorney in March. However, her nomination faced opposition from New Jersey's Democratic Senators Cory Booker and Andy Kim, who refused to support her.

In July, a federal judge appointed Desiree Lee Grace as U.S. attorney, but Attorney General Pam Bondi intervened, firing Grace and appointing Habba as acting U.S. attorney. The judges ruled that these actions violated federal law.

Booker and Kim criticized the Trump administration's attempts to bypass legal requirements, stating, "US Attorneys must be independent and installed consistent with the rule of law, not because of their political loyalty or through political maneuvering." They urged the administration to collaborate with them to appoint a qualified U.S. attorney for New Jersey.

The White House has not yet responded to the court's ruling.

This case is part of a broader trend, as several Trump administration appointments have faced legal challenges. Recently, a federal judge dismissed criminal cases against former FBI Director James Comey and New York Attorney General Letitia James, citing unlawful appointments of prosecutors.

The judges in the appeals court included two appointed by Republican President George W. Bush and one by Democratic President Barack Obama. The ruling underscores the ongoing legal and political complexities surrounding federal appointments in the Trump era.