A day before funding for the Supplemental Nutrition Assistance Program (SNAP) was set to expire due to the government shutdown, two federal judges ordered the administration of President Donald Trump to use contingency funds to cover the aid.
- McConnell believes the suspension of SNAP funds is arbitrary and would likely cause irreparable harm, so the best course is to find sufficient resources to keep the program running despite the government being shut down for 31 days.
- “In essence, the defendants’ conclusion that the USDA is legally prohibited from funding SNAP because Congress has not approved new appropriations for the current fiscal year is incorrect.
- In fact, the government shutdown put nearly 42 million people at risk of losing food assistance provided for decades.
Federal Judge John McConnell of Rhode Island ordered the Department of Agriculture (USDA) to distribute the owed funds to SNAP beneficiaries as soon as possible.
“The court, at this time orally, orders that the USDA distribute the contingency funds in a timely manner, or as soon as possible, so that payments for November 1 can be made.
The $6 billion in contingency funds are allocated funds that are undoubtedly necessary for the program’s operation. The government shutdown through the suspension of funds does not eliminate SNAP. It simply eliminates its funding. There could be no greater need than the total prohibition of funds for the program’s operations,” the judge stated.
McConnell believes the suspension of SNAP funds is arbitrary and would likely cause irreparable harm, so the best course is to find sufficient resources to keep the program running despite the government being shut down for 31 days.
“There is no doubt—and it is indisputable—that irreparable harm will begin to occur—if it hasn’t already—due to the terror caused in some people by the uncertainty over whether funds will be available to buy food for their families,” he emphasized.
McConnell’s order came shortly after Judge Indira Talwani, who presides in Boston and oversees the states’ case, issued a similar order requiring the government to explain by Monday how it will use the contingency funds.
“In essence, the defendants’ conclusion that the USDA is legally prohibited from funding SNAP because Congress has not approved new appropriations for the current fiscal year is incorrect.
On the contrary, the defendants are legally required to use the previously allocated SNAP contingency reserve when necessary and also have the discretionary authority to use other previously allocated funds,” she wrote.
While the federal administration could fund November’s shortfall using what is known as Section 32, which provides funds from customs revenues, both judges agreed that the administration has discretion over whether to do so.
In fact, the government shutdown put nearly 42 million people at risk of losing food assistance provided for decades.
Although the SNAP program has an estimated $6 billion contingency fund, with a backup for emergencies or disruptions, that amount is less than the nearly $9 billion the program requires.
Earlier this month, the Trump administration diverted $300 million in tariff revenues to keep the supplemental nutrition program running. This program provides nutritious food, nutrition education, breastfeeding support, and health service referrals for low-income pregnant women, postpartum or breastfeeding women, and infants and children up to age five at nutritional risk, known as WIC.
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