With the U.S. food stamp program facing a November 1 funding crunch that could affect millions of Americans, a federal judge ruled Friday that the Trump administration must use billions of dollars in a contingency fund to help provide the monthly benefits threatened by the ongoing government shutdown. Up to 42 million Americans rely on the food aid program.
Judge John McConnell in Rhode Island ordered the administration to spend the roughly $5.3 billion available in the contingency fund.
“There is no doubt that the … contingency funds are appropriated funds that are without a doubt necessary to carry out the program’s operation,” McConnell said. “The shutdown of the government through funding doesn’t do away with SNAP, it just does away with the funding of it.”
McConnell reportedly noted during a hearing that the government had admitted that the contingency funds are appropriate to use during a shutdown and had done so in 2019.
Another federal judge, Indira Talwani in Massachusetts, also said in a ruling Friday that she was likely to decide that the USDA’s suspension of food stamp benefits is unlawful. She gave the government until Monday to consider whether it will authorize at least reduced SNAP benefits for November and report back to the court.
The contingency fund isn’t large enough to cover all SNAP benefits for the month, which would reportedly cost around $8 billion or $9 billion, and the administration reportedly argued that the inability to fully cover benefits would be problematic.
“Such a partial payment has never been made — and for good reason,” the administration argued. “It would require each State to recalculate the benefits owed based on the reduced funds available. USDA estimates that such a calculation, involving complicated system changes and processes dictated by statute and regulation, would take weeks, if it can be done at all.”
How we got here: The Department of Agriculture initially said that the fund could be used to keep monthly Supplemental Nutrition Assistance Program benefits flowing, but the document detailing that plan was removed from the agency’s website. Republican lawmakers argued that tapping the fund would be unlawful and that Democrats should instead help pass the GOP stopgap bill funding the entire government through November 21. “The best way for SNAP benefits to be paid on time is for the Democrats to end their shutdown,” Speaker Mike Johnson said this week.
The Department of Agriculture said the contingency fund was meant for responding to natural disasters and other unforeseen needs, not shutdowns. “Bottom line, the well has run dry,” the USDA said in a notice on its website. “At this time, there will be no benefits issued November 01.”
Democratic officials in 25 states sued the Trump administration to force it to use the emergency funds and keep benefits flowing. Another legal challenge was brought by a coalition of cities and private groups.
McConnell said it was clear that the emergency funds should be used and dismissed the argument that the money would be needed for disasters. “It’s clear that when compared to the millions of people that will go without funds for food versus the agency’s desire not to use contingency funds in case there’s a hurricane need, the balances of those equities clearly goes on the side of ensuring that people are fed,” the judge reportedly said.
The judges also said that the USDA can use another pot of money to fully pay for SNAP benefits, though that decision is entirely up to the administration.
In an appearance on Fox News, White House economic adviser Kevin Hassett labeled the Obama-appointed judge a liberal and said the administration disagrees with the decision.
President Trump told reporters Friday that the administration could always find funding for SNAP, but he argued that it would be easier for Democrats to simply reopen the government. He blamed Democrats for the shutdown and all its effects. “It’s their fault. Everything is their fault,” he told reporters.
Trump also argued that Democratic voters would be hurt more than Republicans by any delay in benefits. “When you’re talking about SNAP you’re talking about largely Democrats,” he told reporters. “But I'm president. I want to help everybody. I want to help Democrats and Republicans. But when you're talking about SNAP, if you look, it's largely Democrats. They're hurting their own people.”
In fact, red states may feel the pain of a SNAP cutoff more than blue ones. “In the 30 states that Trump carried last year, 25 of them were more reliant on SNAP than the national average,” Time.com notes. “While the national average of SNAP recipients stands at 12%, an analysis from the Center for Policy and Budget Priorities shows that deep-red states like Louisiana—home to House Speaker Mike Johnson—surpass that with 18%.”
Trump says he wants to legally fund SNAP: On Friday evening, Trump said in a social media post that the administration would be seeking legal clarification.
“Our Government lawyers do not think we have the legal authority to pay SNAP with certain monies we have available, and now two Courts have issued conflicting opinions on what we can and cannot do,” he wrote. “I do NOT want Americans to go hungry just because the Radical Democrats refuse to do the right thing and REOPEN THE GOVERNMENT. Therefore, I have instructed our lawyers to ask the Court to clarify how we can legally fund SNAP as soon as possible. It is already delayed enough due to the Democrats keeping the Government closed through the monthly payment date and, even if we get immediate guidance, it will unfortunately be delayed while States get the money out. If we are given the appropriate legal direction by the Court, it will BE MY HONOR to provide the funding, just like I did with Military and Law Enforcement Pay.”
What’s next: Many people receiving SNAP benefits will likely still see a gap in coverage. McConnell ordered the government to distribute the funds in a timely manner, or as soon as possible, and update the court by Monday. And it will take time for the U.S. government and states to get the money flowing to beneficiaries.
The bottom line: The government has now been shut down for the entire month of October, and the funding lapse will continue into the new month. Next week, the shutdown is likely to set the record as the longest shutdown ever, topping the 35-day standoff of 2018-2019. Federal workers continue to miss getting their paychecks, from air traffic controllers to House and Senate staffers, and it’s still not clear when SNAP benefits will go out in November.