The Justice Department announced it will “immediately appeal” a federal judge’s ruling that President Donald Trump’s appointment of Alina Habba as acting U.S. attorney for New Jersey was unlawful. Attorney General Pam Bondi made the announcement on X, defending Habba’s performance and denouncing what she called “activist judicial attacks.”

The ruling came from U.S. District Judge Matthew W. Brann, an Obama appointee, after two criminal defendants challenged the legality of Habba’s appointment. Brann concluded that Habba had not been lawfully appointed and therefore could not continue serving in the role. He stated she must be disqualified from participating in any active cases.

Habba, a longtime Trump ally, was appointed as counselor to the president in December and elevated to acting U.S. attorney in March. Her 120-day interim term expired in July, at which point district judges selected her deputy, Desiree Grace, to replace her. However, the Justice Department dismissed Grace within hours, intensifying the legal and political standoff.

In July, Trump formally nominated Habba for a full four-year term, but her confirmation has stalled. New Jersey’s Democratic senators, Cory Booker and Andy Kim, have declined to return the required “blue slips”—a Senate custom allowing home-state senators to approve or block nominations. Senate Judiciary Chairman Chuck Grassley has also withheld action, citing this tradition.

Trump criticized Grassley publicly, accusing him of blocking qualified appointments. Habba, in a Fox News interview, called the judge’s ruling “disturbing” and reaffirmed her commitment to serve. “I am the pick of the president,” she said, “and I will serve this country… in any capacity.”