BOSTON — Two federal judges ruled nearly simultaneously Friday that President Donald Trump’s administration must continue to pay for SNAP, the nation’s largest 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. 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.”
Judges agree at least one fund must go toward SNAP
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 that 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.”
For many, benefits will still be delayed after the ruling
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.
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.
In Tennessee, Gov. Bill Lee said state dollars can’t be used to provide SNAP benefits, as states do not have a mechanism to load funds onto customer cards. Instead, Lee announced the Governor’s Faith Based and Community Initiative (GFBCI), which is communicating daily with a coalition of more than 300 non-profit and faith community leaders to identify needs, share information and mobilize response across all 95 counties.
The governor’s office has set up a website — FeedTN.org — where people can seek help from the coalition.
The City of Memphis announced Thursday it is coordinating with Shelby County Government, United Way of the Mid-South, Mid-South Food Bank, Community Foundation of Greater Memphis, and a coalition of local food service providers, faith partners and nonprofit organizations to prepare for any disruption in SNAP benefits.
Memphis Mayor Paul Young said the goal is simple and urgent: “We will stand together as a community and make sure every Memphian has access to food and dignity. Memphis has always shown up for one another. This moment will be no different.”
Find resources and ways to help at memphistn.gov/memphiscares.
Congressman Steve Cohen, (D-Tenn.), expressed guarded optimism that rulings by federal judges will keep SNAP benefits flowing, at least in the short term.
“As I have been saying, the Trump Administration’s actions are simply a cynical and cruel attempt to withhold food from Americans in a desperate attempt to find political leverage, holding SNAP recipients as hostages in this Republican shutdown,” Cohen said.
He added that both judges immediately recognized that Congress created and funded a contingency account to cushion the impact of emergencies and financial hardship.
“USDA has access to those funds and has the ability to provide SNAP benefits into November. The ‘SNAP cliff’ was an arbitrary, artificial and heartless stunt, threatening to make Americans, including 690,000 in Tennessee, go hungry.”
— Mulvihill reported from Haddonfield, New Jersey; and Kruesi from Providence, Rhode Island. Associated Press reporter Lisa Mascaro in Washington, D.C., contributed.
