Federal Judge Rules U.S. Attorney Appointments in New Jersey Unconstitutional for Second Time

In a recent ruling, U.S. District Judge Matthew Brann disqualified the trio leading the U.S. Attorney’s Office for the District of New Jersey, deeming their appointments unconstitutional. This decision marks the second time in less than a year that the court has intervened in the office’s leadership appointments.

Previously, Judge Brann had disqualified Alina Habba, President Donald Trump’s former personal attorney, from serving as the U.S. Attorney for New Jersey, citing her extended tenure without Senate confirmation. Following Habba’s departure, Attorney General Pam Bondi appointed Philip Lamparello, Jordan Fox, and Ari Fontecchio to collectively oversee the office’s operations. Judge Brann’s latest ruling found that this “triumvirate” structure violated the Appointments Clause of the Constitution, which mandates Senate confirmation for such positions.

In his 130-page opinion, Judge Brann criticized the administration’s approach, stating, “One year into this administration, it is plain that President Trump and his top aides have chafed at the limits on their power set forth by law and the Constitution.” He further noted that the administration’s maneuvers amounted to an “enormous assertion of Presidential power.” ([inquirer.com](https://www.inquirer.com/news/new-jersey/trump-administration-unlawful-appoint-us-attorney-new-jersey-20260309.html?utm_source=openai))

The judge emphasized the availability of lawful methods to fill the U.S. Attorney position, expressing concern over the administration’s repeated attempts to circumvent constitutional requirements. He warned that any further unlawful appointments could result in the dismissal of pending cases, underscoring the potential impact on thousands of criminal prosecutions in the district.

Alina Habba, now serving as a senior adviser to Attorney General Bondi, criticized the ruling on social media, describing it as “ridiculous” and asserting that the administration would not be deterred by judicial decisions. ([inquirer.com](https://www.inquirer.com/news/new-jersey/trump-administration-unlawful-appoint-us-attorney-new-jersey-20260309.html?utm_source=openai))

This ruling adds to a series of judicial decisions challenging the administration’s efforts to install unconfirmed officials in key legal positions, highlighting ongoing tensions between the executive branch and the judiciary over the appointment process for U.S. attorneys.