Appeals Court Blocks Contested Acting U.S. Attorney Appointment in Nevada

An appeals court affirmed a lower-court decision that disqualified Sigal Chattah from continuing as the acting United States attorney for the District of Nevada. The ruling prevents the Department of Justice from using a procedural maneuver that would have allowed Chattah to remain in charge without a new presidential nomination and Senate confirmation.

Time Magazine

The dispute stems from a series of leadership changes. Jason Frierson resigned as the U.S. attorney for the district in January 2025. Under the Federal Vacancies Reform Act (FVRA), First Assistant Sue Fahami automatically became the acting replacement. In April, the Justice Department appointed Sigal Chattah to a 120-day interim term, set to expire in late July 2025. Chattah resigned one day before the term’s scheduled end.

Time Magazine

Attorney General Pam Bondi subsequently designated Chattah as the first-assistant U.S. attorney, arguing that the designation permitted her to continue leading the office as acting U.S. attorney under the FVRA. The move effectively barred the federal district court from making its own interim appointment, an appointment that would have served until a new candidate received presidential appointment and Senate confirmation.

Time Magazine

The appeals-court decision underscores limits on the Justice Department’s ability to sidestep the statutory appointment process by reclassifying officials under the FVRA. By upholding the disqualification, the court reinforces the requirement that a permanent U.S. attorney be selected through the constitutionally prescribed nomination and confirmation pathway, rather than extended acting designations. This outcome may affect future attempts by the administration to maintain interim leadership in other districts.

Time Magazine