Alina Habba ran into a legal setback on Thursday, Save Jerseyans, but she’ll remain the acting U.S. Attorney for the District of New Jersey pending appeal.
Judicial activism in the United States may be on the ropes but it’s not getting a standing 10 count quite yet.
Pennsylvania federal Judge Matthew Brann stayed his own 77-page ruling “pending appellate proceedings in these matters” but side with the pair of individuals who challenged her authority as prosecutor.
“After reviewing several issues of first impression, the Court concludes that Ms. Habba has exercised the functions and duties of the office of the United States Attorney for the District of New Jersey without lawful authority since July 1, 2025,” explained Brann. “And because she is not currently qualified to exercise the functions and duties of the office in an acting capacity, she must be disqualified from participating in any ongoing cases.”
The New Jersey District’s judges declined to re-up Habba earlier this summer, but rather than allow the First Assistant U.S. Attorney to succeed the president’s ex-top lawyer, Attorney General Pam Bondi sacked the incumbent and replaced her with Habba which meant Habba inherited the U.S. Attorney post on a temporary basis.
Next up: a likely intervention by the Third Circuit Court of Appeals.
“We will immediately appeal,” Attorney General Bondi vowed on X following the ruling. “@USAttyHabba is doing incredible work in New Jersey — and we will protect her position from activist judicial attacks.”
