A federal appeals court just dropped a decision that could shake up President Trump’s plans for federal prosecutors.

On Monday, the U.S. Court of Appeals for the 3rd Circuit refused to rethink a three-judge panel’s ruling that disqualified Alina Habba as New Jersey’s top federal prosecutor, affirming her appointment turned unlawful after her 120-day interim term ended in July, and clearing a potential path for the Justice Department to push the issue of Trump’s chosen U.S. attorneys to the Supreme Court.

Habba’s Role and Early Obstacles

Habba, appointed as acting U.S. attorney, hit a wall when New Jersey federal judges declined to extend her temporary stint, the Hill reported.

Instead, they named her first assistant to the role, but Attorney General Pam Bondi dismissed that replacement to keep Habba at the helm.

A unanimous panel, led by Judge D. Michael Fisher, a George W. Bush appointee, ruled this move broke the clear legal rules for filling such posts, leading to Habba’s resignation last month, though she hopes to return if a higher court sides with her.

Court Decision and Internal Split

The 3rd Circuit’s brief order revealed most of its 11 en banc judges opposed rehearing the case fully, though three wanted a second look, and one plans to release a dissent later.

Judge Emil Bove, a Trump appointee and past attorney for the president, stayed out of the vote, avoiding any appearance of bias.

Those backing the administration see this as part of a pattern—judges throwing up hurdles to Trump’s push for prosecutors who align with his vision for cleaning up federal law enforcement.

Ripple Effects on Other Prosecutors

Habba’s case isn’t isolated; four other Trump-picked U.S. attorneys in areas like Los Angeles, Nevada, Northern New York, and Eastern Virginia have also been sidelined by similar rulings.

In Virginia, Lindsey Halligan’s removal even led to dropped cases against figures like former FBI Director James Comey and New York Attorney General Letitia James, both frequent critics of Trump, casting doubt on the administration’s legal playbook.

After Habba left, three prosecutors split her responsibilities, and Delaware’s lead federal prosecutor also quit, pointing to the appeals court’s decision as her reason.

Judicial Pushback and Executive Tensions

Judge Fisher noted it’s “apparent that the current administration has been frustrated by some of the legal and political barriers to getting its appointees in place.”

That frustration rings true—when unelected judges and rigid rules block a president’s team from taking charge, it’s hard not to question who really holds the reins of power.

The Justice Department underscored this, labeling the panel’s limits on acting U.S. attorneys as a matter of “exceptional importance,” hinting they’re gearing up for a Supreme Court showdown over executive authority in staffing key roles.