Rep. Nancy Mace Cracks Down On Judicial Loophole Undermining Justice

(Washington, D.C., August 15, 2025) — Congresswoman Nancy Mace (SC-01) introduced the No Appointments by Rogue Judges Act to prevent federal district court judges from appointing U.S. Attorneys beyond the temporary period authorized under federal law. 

The bill is a direct response to a recent New Jersey case where, after the 120-day interim term for a U.S. Attorney appointed under President Trump expired, federal judges installed their own pick indefinitely. This bypassed the Senate confirmation process and undermined the president’s constitutional authority to appoint U.S. Attorneys, a loophole this legislation aims to close.

Under current law, the Attorney General can appoint an interim U.S. Attorney for up to 120 days. If the position remains vacant, district court judges may appoint someone to serve indefinitely until the vacancy is filled. Rep. Mace’s bill would rescind judicial appointment authority and instead align the length of any acting U.S. Attorney term with the time limits set in the Federal Vacancies Reform Act.

“Unelected, activist judges have no business hijacking the power to appoint U.S. Attorneys,” said Congresswoman Mace. “No judge should be able to bypass the Senate, sideline President Trump, and install their own pick indefinitely. Our bill ends this judicial power grab, restores the process our Founding Fathers intended, and ensures prosecutors answer to the people and the president they elected, not to rogue judges.”

The legislation amends Section 546 of Title 28, United States Code, to ensure no judicial appointment can extend beyond the time limitations in Section 3346 of the Federal Vacancies Reform Act, and removes the current provision granting district courts the authority to make such appointments.

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