An appellate ruling has found that the performance of duties by Alina Habba, acting U.S. attorney for New Jersey, whose appointment by U.S. President Donald Trump sparked controversy as a ‘reward appointment’, is unlawful. There is an outlook that efforts by President Trump to fill key posts such as U.S. attorney with close confidants could be blocked by the courts going forward.

According to the AP, on the 1st (local time) a panel of the U.S. Court of Appeals for the Third Circuit left in place the lower court ruling that Habba is unlawfully serving as acting U.S. attorney.

In its opinion, the panel stated, “It appears that the Trump administration is encountering legal and political difficulties in appointing the U.S. attorneys it prefers,” and, “The stratagem (by the Trump administration) undertaken to secure the appointment of Habba is a textbook example of those difficulties.” It added, “Residents of New Jersey and the loyal employees of the U.S. Attorney Office are entitled to some measure of clarity and stability,” noting that the appointment of Habba was infringing the rights of residents and prosecutorial staff.

In August, the trial court ruled that since July Habba had been performing the duties of U.S. attorney without lawful authority, and that actions taken in that capacity could all be rendered void. It found that the Trump administration acted unlawfully in naming Habba acting U.S. attorney.

By law, a U.S. attorney must receive Senate confirmation within 120 days of a presidential nomination, but Habba, appointed in March, did not receive confirmation within that period due to opposition from Democratic senators from New Jersey. The Trump administration then appointed Habba to a ‘special counsel’ position and had her perform the duties of acting U.S. attorney. Subsequently, individuals indicted during her tenure as acting U.S. attorney filed suit, arguing, “Habba lacks authority to bring charges.”

Habba is known as a personal attorney and close confidant who represented President Trump in several civil cases. After serving as a White House senior adviser, she was appointed U.S. attorney for New Jersey. At the time, the appointment of Habba, who had no prosecutorial experience, drew criticism as a ‘reward appointment’. After being appointed, Habba stirred controversy by making unusually strong political remarks for a U.S. attorney, saying, “I want to help turn New Jersey red (the symbolic color of the Republican Party).”

The lawyers who brought the suit said in a statement about the ruling that it “shows that President Trump cannot ignore long-standing legal and constitutional procedures to seat whomever he wants in this post.” Senators Andy Kim and Cory Booker, who opposed Habba’s confirmation as U.S. attorney, welcomed the decision, saying, “This ruling underscores a simple yet fundamental principle,” and, “U.S. attorneys must be appointed independently in accordance with the rule of law, not based on political loyalty or stratagem.”

The ruling is expected to affect lawsuits concerning the status of U.S. attorneys in other districts as well. Last month in Nevada, a court also ruled that the qualification of Sigal Chatter, the U.S. attorney for Nevada appointed by President Trump, should be revoked. Stephen Vladeck, a Georgetown University law professor, told the New York Times, “The Habba case may be a standout example, but if the decision of the New Jersey court is finalized, it could prevent the Trump administration from employing similar tactics across the United States.”