Judges Order Trump Administration to Fund SNAP During Shutdown

Washington – Two federal judges on Friday ordered the Trump administration to utilize contingency funds to ensure Supplemental Nutrition Assistance Program (SNAP) payments continue during the government shutdown, ruling in favor of plaintiffs in suits challenging the potential lapse in benefits. Approximately 42 million Americans rely on SNAP to help purchase food.

In a case initiated by a coalition of states in federal court in Massachusetts, Judge Indira Talwani ruled that the government is legally obligated to access emergency funds to make at least partial payments, and instructed the administration to inform the court by Monday regarding their intentions.

In Rhode Island, another federal judge granted a temporary restraining order requested by a group of municipalities and nonprofits who sued to prevent the impending funding freeze, according to attorneys for Democracy Forward, the organization spearheading the lawsuit.The ruling was delivered orally from the bench. A court docket entry stated the court “orders the USDA to distribute contingency funds” and report back to the court by noon on Monday.

While Judge Talwani did not mandate the administration to disburse SNAP payments on Saturday, she dismissed the government’s argument that the $5 billion contingency fund cannot be used to fund benefits during the appropriations lapse.

“At core, Defendants’ conclusion that USDA is statutorily prohibited from funding SNAP because Congress has not enacted new appropriations for the current fiscal year is erroneous,” Talwani wrote. “To the contrary, Defendants are statutorily mandated to use the previously appropriated SNAP contingency reserve when necessary and also have discretion to use other previously appropriated funds.”

Talwani stated the court “will allow Defendants to consider weather they will authorize at least reduced SNAP benefits for November, and report back to the court no later then” Monday.

SNAP benefits provide essential food assistance to millions of Americans.