Why Is Alina Habba Resigning: Third Circuit Ruling Reveals Vacancies Law Clash

Alina Habba is stepping away from one of the most powerful legal jobs in the United States, but she insists she is not backing down. In a move that lays bare the deep tensions between Donald Trump's administration and the federal courts, the acting US attorney for New Jersey has resigned while vowing that her 'compliance' with a court ruling should not be seen as 'surrender'.

Her exit closes one chapter in a bruising legal fight over how top federal prosecutors are appointed, and what happens when judges, the White House and the Justice Department collide.

Alina Habba Cites Court Ruling In Dramatic Exit

Habba confirmed in a social media post that she had stepped down after the appeals court disqualified her from continuing in the role. The court found that her continued service as interim US attorney, despite a lower court order ending her appointment, violated the Federal Vacancies Reform Act.

'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 US Attorney for the District of New Jersey,' Habba wrote.

She followed that with a defiant line that has quickly become the political soundbite of the moment: 'But do not mistake my compliance for surrender. This decision will not weaken the Justice Department, and it will not weaken me.'

Alina Habba Frames Resignation As Part Of A Larger Fight

In her formal statement, Habba framed her exit as part of a broader conflict between the administration and the judiciary.

She argued that while she was focused on 'delivering real results', judges in her state exploited what she called a flawed 'blue slip' tradition and became 'weapons for the politicised left'.

For months, she claimed, those judges stopped conducting trials and entering sentences, leaving violent criminals on the streets and siding with New Jersey senators who care more about fighting President Trump than the well-being of residents they serve.

Habba portrayed her resignation as the latest phase in a years-long battle against 'lawfare' aimed at Trump and against politics 'infecting our justice system'. She insisted that her loyalty was not to 'politics, a title, or a ZIP code' but to 'this great country'.

Alina Habba At The Centre Of Appointment Chaos

Habba's decision comes after a string of cases in which courts ruled that US attorneys in several states, including Nevada, California and Virginia, had not been appointed legally.

She first came to national prominence as one of Trump's personal attorneys, defending him in civil and criminal cases after his first term in office.

When Trump returned to the White House, he selected Habba in March to serve as acting US attorney for New Jersey on an interim basis and later nominated her for the post permanently, but she did not secure enough votes in the US Senate for confirmation.

With her 120‑day interim tenure about to run out, the US District Court for New Jersey chose not to keep her in the job and instead appointed career prosecutor Desiree Grace. Attorney General Pam Bondi then fired Grace, and the administration launched a series of complex legal manoeuvres to put Habba back in charge.

Those moves triggered challenges that led to last week's unanimous decision from a three‑judge panel of the US Court of Appeals for the Third Circuit, which ruled that Habba had been unlawfully serving as US attorney and disqualified her from supervising cases.

Alina Habba, Politicised Judges And Trump's Power Struggle

Despite the ruling, the administration has signalled it will not accept the precedent without a fight.

Attorney General Bondi said the department 'will seek further review' of the decision and expressed confidence that it 'will be reversed'.

In her words: 'The Department of Justice will seek further review of this decision, and we are confident it will be reversed,' adding that 'Alina intends to return to lead the U.S. Attorney's Office for the District of New Jersey if this occurs.'

Habba herself has signalled that her 'fight will now stretch across the country' as she continues to serve the Department of Justice as Senior Advisor to the Attorney General for US Attorneys, even after leaving her New Jersey post.