Bulwark Takes Alina Habba's Appointment Ruled Unlawful (w/ Leah Litman)
Dec 2, 2025
Leah Litman, a University of Michigan law professor and expert on constitutional law, joins to dissect the court's ruling against Alina Habba's appointment. They explore the implications of Trump's strategy to position loyal allies in key legal roles. Litman highlights the operational chaos arising from uncertain authority and contrasts the legitimacy of Habba's and Halligan's cases. The discussion also touches on the potential Supreme Court challenges and how these appointments could backfire politically for Trump.
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Why Trump Is Using Strange Appointment Tactics
- The administration is using novel appointment tricks to install loyalists who will pursue politically motivated prosecutions.
- Leah Litman explains these moves aim to evade normal checks like Senate confirmation and career prosecutors' restraint.
Opinion Crafted For A Conservative Supreme Court
- The Third Circuit framed its opinion to appeal to conservative Supreme Court justices by citing their preferred decisions.
- Litman warns the administration may challenge lower-court rulings at the Supreme Court expecting a friendlier audience.
Chaos In Offices But Cases Can Continue
- Chaotic appointments create legal uncertainty inside U.S. attorney offices about who can lawfully act.
- Litman notes prosecutions may continue when other authorized prosecutors sign documents, limiting total disruption.