The administration said it wasn’t allowed to use a contingency fund of about $5 billion for the food-aid program.
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 emergency reserve 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. That also 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 the 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.”
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.
