Introduction to SNAP and the Government Shutdown
Two federal judges ruled nearly simultaneously on Friday that President Donald Trump’s administration must continue to pay for SNAP, the nation’s biggest food aid program, using contingency funds during the government shutdown. The judges in Massachusetts and Rhode Island gave the administration leeway on whether to fund the program partially or in full for November. This brings uncertainty about how things will unfold and will delay payments for many beneficiaries whose cards would normally be recharged early in the month.
The U.S. Department of Agriculture planned to freeze payments to Supplemental Nutrition Assistance Program starting Nov. 1 because it said it could no longer keep funding it due to the shutdown. The program serves about 1 in 8 Americans and is a major piece of the nation’s social safety net — and it costs about $8 billion per month nationally.
U.S. Sen. Amy Klobuchar, a Minnesota Democrat and the ranking member of the Senate Agriculture committee that oversees the food aid program, said Friday’s rulings from judges nominated to the bench by former President Barack Obama confirm what Democrats have been saying: “The administration is choosing not to feed Americans in need, despite knowing that it is legally required to do so.”
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Judges Agree on SNAP Funding
Democratic state attorneys general or governors from 25 states, as well as the District of Columbia, challenged the plan to pause the program, contending that the administration has a legal obligation to keep it running in their jurisdictions.
The administration said it wasn’t allowed to use a contingency fund of about $5 billion for the program, which reversed a USDA plan from before the shutdown that said money would be tapped to keep SNAP running. The Democratic officials argued that not only could that money be used, but that it must be. They also said a separate fund with around $23 billion is available for the cause.
In Providence, Rhode Island, U.S. District Judge John J. McConnell ruled from the bench in a case filed by cities and nonprofits that the program must be funded using at least the contingency funds, and he asked for an update on progress by Monday.
Along with ordering the federal government to use emergency reserves to backfill SNAP benefits, McConnell ruled that all previous work requirement waivers must continue to be honored. The USDA during the shutdown has terminated existing waivers that exempted work requirements for older adults, veterans and others.
There were similar elements in the Boston case, where U.S. District Judge Indira Talwani ruled in a written opinion that the USDA has to pay for SNAP, calling the suspension “unlawful.” She ordered the federal government to advise the court by Monday as to whether they will use the emergency reserve funds to provide reduced SNAP benefits for November or fully fund the program “using both contingency funds and additional available funds.
“Defendants’ suspension of SNAP payments was based on the erroneous conclusion that the Contingency Funds could not be used to ensure continuation of SNAP payments,” she wrote. “This court has now clarified that Defendants are required to use those Contingency Funds as necessary for the SNAP program.”
Delayed Benefits and Uncertainty
No matter how the rulings came down, the benefits for millions of people will be delayed in November because the process of loading cards can take a week or more in many states.
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The administration did not immediately say whether it would appeal the rulings.
States, food banks and SNAP recipients have been bracing for an abrupt shift in how low-income people can get groceries. Advocates and beneficiaries say halting the food aid would force people to choose between buying groceries and paying other bills.
The majority of states have announced more or expedited funding for food banks or novel ways to load at least some benefits onto the SNAP debit cards.
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Uncertainty and Reduced Benefits
Across the U.S., advocates who had been sounding the alarm for weeks about the pending SNAP benefits cut off let out a small sigh of relief on Friday as the rulings came down, while acknowledging the win is temporary and possibly not complete.
“Thousands of nonprofit food banks, pantries and other organizations across the country can avoid the impossible burden that would have resulted if SNAP benefits had been halted,” said Diane Yentel, president and CEO of the National Council of Nonprofits, one of the plaintiffs in the Rhode Island case.
Cynthia Kirkhart, CEO of Facing Hunger Food Bank in Huntington, West Virginia, said her organization and the pantries it serves in Kentucky, Ohio and West Virginia will keep their extra hours this weekend, knowing that the people whose benefits usually arrive at the start of the month won’t see them.
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