The Trump administration on Friday asked the Supreme Court to pause a lower court order requiring the government to distribute $4 billion in Supplemental Nutrition Assistance Program (SNAP) benefits.
By Gabe Whisnant
Justice Department lawyers requested a temporary reprieve by 9:30 p.m., arguing the emergency stay is needed while the administration pursues its appeal.
Why It Matters
Because of the federal government shutdown, the Trump administration had initially said SNAP benefits would not be available in November. The food program serves about 1 in 8 Americans, mostly with lower incomes.
The legal fight has extended weeks of uncertainty for low-income Americans. Under SNAP, an individual can receive up to about $300 a month in food aid and a family of four nearly $1,000, though most get less based on their income.
What to Know
Two federal judges ruled last week that the administration could not skip an entire month of payments, including U.S. District Judge John J. McConnell Jr., who on Thursday ordered the government to pay full benefits. In those cases, the judges directed the administration to draw from an emergency reserve fund holding more than $4.6 billion for November and allowed officials to tap other available money to cover the full monthly cost of between $8.5 billion and $9 billion.
On Monday, the administration said it would not use additional funds beyond the reserve, arguing it was up to Congress to appropriate more money for SNAP and that remaining accounts were needed to support other child hunger programs. McConnell’s order rejected the administration’s plan to pay only 65% of the maximum benefit, a move that could have left some recipients with no aid at all this month.
The Trump administration said in a memo to states Friday that it is working to comply with a federal court order requiring full November SNAP payments. The Agriculture Department (USDA) said it would “complete the processes necessary” to make funds for SNAP available later in the day.
Officials in at least six states said some SNAP recipients received their full November benefits on Friday.
However, in a filing Friday asking the Supreme Court to step in, the Justice Department argued that the directive to fully fund November SNAP benefits violates the Constitution by forcing the executive branch to reshuffle congressionally appropriated funds.
Attorneys for the cities and nonprofits challenging the administration’s stance have said the government has ample money available and urged the courts “not [to] allow them to further delay getting vital food assistance to individuals and families who need it now.”
What People Are Saying
US Solicitor General D. John Sauer told the Supreme Court in his filing, “Such a funding lapse is a crisis. But it is a crisis occasioned by congressional failure and one that can only be solved through congressional action. The district court’s ruling is untenable at every turn.”
Democracy Forward President and CEO Skye Perryman said in a statement: “It shouldn’t take a court order to force our President to provide essential nutrition that Congress has made clear needs to be provided. But since that is what it takes, we will continue to use the courts to protect the rights of people.”
What Happens Next
Under the emergency filing, the Trump administration is asking the Supreme Court to halt two temporary restraining orders issued by Judge McConnell that require full November SNAP payments. It is also seeking an immediate administrative stay by 9:30 p.m., a move that would spare the government from having to shift about $4 billion into the food aid program later Friday night while the justices consider the case.