#third-circuit

#third-circuit

She cited a decision from the Third Circuit Court of Appeals, which found that her enduring work 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 U.S. Attorney for the District of New Jersey, Habba wrote.

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. Additionally, because Habba was nominated for the vacant U.S. Attorney position, the FVRA's nomination bar prevents her from assuming the role of Acting U.S. Attorney.

Emil Bove's nomination to the Third Circuit reflects beliefs within the Republican Party about qualifications for judicial roles, emphasizing accountability avoidance and disregard for the rule of law.