A federal judge in Las Vegas promised to make a decision by the end of the month, which is Tuesday, after oral arguments on a case challenging the legality of acting U.S. Attorney Sigal Chattah’s position without Senate confirmation.

The case heard Wednesday was brought by federal public defenders in Nevada and centered around whether the Trump administration pursued illegal “personnel maneuvers” that allowed Chattah to remain Nevada’s top federal law enforcement officer after her first stint as the interim U.S. attorney expired in July.

U.S. District Judge David G. Campbell, who oversaw the hearing, said he would “take the case under advisement,” and “make a decision by the end of the month.” 

Chattah, a longtime Trump supporter who lost a bid for attorney general in 2022, resigned as the state’s interim U.S. attorney in July the day before her 120-day term was set to expire. That same day, U.S. Attorney General Pam Bondi appointed Chattah as the state’s first assistant U.S. attorney, a position that allows her to also serve as acting U.S. attorney for 210 days. The first assistant position became vacant after the Department of Justice transferred the previous officeholder to a new role.

In late August, the Nevada federal public defender's offices sought to dismiss cases against three people who were indicted while Chattah was the acting U.S. attorney. The suits called to disqualify Chattah and the attorneys working under her direction and allow Nevada’s district judges “to appoint a proper interim U.S. Attorney.” 

Additionally, the lawsuits argued that Chattah’s lengthy term in office would still require approval from the Senate, where Nevada’s two Democratic senators have vowed to block her confirmation to the federal bench.

The implications of the case, attorneys for the federal public defender’s office said during the Wednesday hearing, was “not isolated to the district” and raises questions about federal checks and balances as well as judicial authority. They pointed to Trump forcing the U.S. Attorney for the Eastern District of Virginia, Erik Siebert, out of his post last week and replacing him with his former aide Lindsey Halligan.

But prosecutors argued that even if Chattah’s title as U.S. attorney was not legitimate, she could continue to oversee criminal proceedings in Nevada because she was granted the additional title “special attorney” by Bondi — an argument Campbell questioned repeatedly. 

When asked, prosecutors repeatedly said they could not name specific differences between the duties for each title. 

Prosecutors also contended that in order for the case to be dismissed, the public defenders must prove that defendants have “suffered harm,” which they said was not done in this case.

The cases test the legality of the Trump administration’s efforts to appoint its allies to top roles in the federal judiciary without Senate confirmation. Permanent appointments to the federal judiciary require Senate approval, but the administration is seeking to bypass that process via a string of ongoing non-permanent appointments.

Last month, a federal judge in New Jersey ruled that the state’s acting U.S. attorney — Alina Habba, who was also previously the state’s interim U.S. attorney — was unlawfully working as the state’s top federal prosecutor. After the ruling, Bondi said “we will protect her position from activist judicial attacks.”

Chattah has also served as the state’s Republican national committeewoman, a position she initially remained in despite her appointment as interim U.S. attorney. 

The law in question is the Federal Vacancies Reform Act. Lawyers with Nevada’s federal public defender’s office argued the law prevented Chattah from continuing to serve as U.S. attorney after her initial 120-day stint ended, while the Justice Department said in court filings its personnel decisions were done in accordance with the law.

The Justice Department also argued in court filings that there is “no basis to bar” Chattah or her attorneys from prosecuting the cases in question, even if Chattah’s appointment as acting U.S. attorney were in doubt.

Updated at 6:20 p.m. with additional information from the hearing.