A panel of judges — including two of President Donald Trump's appointees — refused to hear an appeal on a lower court's ruling that found Alina Habba had been unlawfully appointed as U.S. Attorney.
Panel Of Judges With Trump Appointees Refuse Appeal On Alina Habba's Unlawful Appointment
Credit: Gage Skidmore
January 27, 2026

A panel of judges — including two of President Donald Trump's appointees — refused to hear an appeal on a lower court's ruling that found Alina Habba had been unlawfully appointed as U.S. Attorney.

Last year, U.S. District Judge Matthew Brann found that the Trump administration's "novel series of legal and personnel moves" to have Habba remain in office after her term expired broke federal law.

A three-judge panel for the Third Circuit Court of Appeals later upheld that ruling.

On Monday, the full panel of judges for the Third Circuit denied a petition to hear an appeal from the Trump administration.

Three judges appointed by Trump voted to hear the appeal while 11 judges, including two appointed by the current president, voted against the government's request.

Can you help us out?

For over 20 years we have been exposing Washington lies and untangling media deceit, but social media is limiting our ability to attract new readers. Please give a one-time or recurring donation, or buy a year's subscription for an ad-free experience. Thank you.

Discussion

We welcome relevant, respectful comments. Any comments that are sexist or in any other way deemed hateful by our staff will be deleted and constitute grounds for a ban from posting on the site. Please refer to our Terms of Service for information on our posting policy.
Mastodon