A federal judge says he will decide whether President Donald Trump’s pick to lead federal prosecutors in New Jersey, Alina Habba, has the legal authority to continue operating as the state’s acting U.S. attorney.

Habba has been serving as New Jersey's interim U.S. attorney since her appointment by Trump in March, but was limited by law to 120 days in office unless the court agreed to keep her in place. The U.S. Senate has not yet acted on her formal nomination to the role, submitted by Trump this month.