Judge leans toward ordering Trump administration to fund food aid program despite government shutdown

A federal judge indicated Thursday that she is inclined to order the Trump administration to continue funding the food stamp program, which 42 million Americans rely on. The Republican administration confirmed last weekend that the Supplemental Nutrition Assistance Program (SNAP) would run out of funding on November 1 due to the federal government shutdown, which is already the second-longest in history at 30 days, just six days shy of breaking the previous record.

In announcing its decision to suspend the program that helps approximately one in eight Americans buy food, the Trump administration argued that it could not use contingency funds to keep it running during the government shutdown because that money is reserved for emergencies such as natural disasters. At the same time, it insisted that it does not have enough money to provide the approximately $8 billion needed to fund the program nationwide next month.

Massachusetts U.S. District Judge Indira Talwani disagreed. “I have a hard time understanding how this isn’t an emergency when there’s no money and so many people need their SNAP benefits,” she said Thursday during a hearing in a lawsuit filed by a coalition of 25 Democratic states and the District of Columbia. The judge, appointed by former president Barack Obama, added that the Trump administration will have to “figure out how they’re going to stretch that emergency money for now.”

“If you don’t have money, you tighten your belt,” Justice Talwani said. “You are not going to make everyone drop dead because it’s a political game someplace.”

SNAP helps low-income individuals and families buy food by providing electronic benefits that can be used at participating stores. States are responsible for the day-to-day administration of the benefits, which are paid monthly by the federal government. If suspended in November, it would be the first time in the program’s 60-year history that payments have not been made due to a pause in federal budget allocations. Other lawsuits have been filed to prevent the program’s suspension, including one filed Thursday in Rhode Island by a coalition of eight cities and community, business, and labor organizations.

The program has a contingency fund that serves as a reserve to maintain benefits during short-term funding shortfalls. It currently has more than $5 billion available. The Trump administration initially stated it would use that money to prevent any disruption to the program during the government shutdown, which began on October 1. However, it later reversed course, claiming it could not use those funds to finance food stamps because they were reserved for natural disasters such as “hurricanes, tornadoes, and floods.” At the same time, it warned states that it would not reimburse them if they attempted to fund the program on their own.

The Democratic-led states and territories that filed the lawsuit in Massachusetts court argue that contingency funds should be used to keep the program afloat. “Because of the actions of the [Department of Agriculture, USDA], SNAP benefits will be delayed for the first time since the program’s inception,” they wrote in the 51-page lawsuit. “Even worse, the USDA suspended SNAP benefits even though, according to available information, it has sufficient funds to finance all or at least a substantial portion of November’s SNAP benefits.”

The plaintiffs also claim that the government could tap into another Department of Agriculture fund that, as of early October, held $23 billion. Just weeks ago, the White House used that same budget allocation to prevent the interruption of another federal food assistance program for pregnant women and low-income children, known as WIC, during the government shutdown.

However, Justice Department lawyers maintain that the Department of Agriculture lacks the authority to disburse funds for the benefits until Congress passes a spending bill ending the shutdown. Negotiations continue at the Capitol with no agreement in sight.

President Trump’s party continues to blame Democrats for the shutdown and, by extension, for the potential suspension of SNAP. Republicans continue to falsely accuse Democrats of wanting to fund healthcare for undocumented immigrants, which is prohibited under federal law. Meanwhile, Democratic lawmakers refuse to pass a budget that does not include an extension of the health insurance subsidies approved during the pandemic.

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