BOSTON (AP) — Two federal judges ruled nearly simultaneously on Friday that President Donald Trump’s administration must continue to fund SNAP, the nation’s biggest food aid program, using contingency funds during the government shutdown.
The rulings came a day before the U.S. Department of Agriculture planned to freeze payments to the Supplemental Nutrition Assistance Program 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. Word in October that it would be a Nov. 1 casualty of the shutdown sent states, food banks and SNAP recipients scrambling to figure out how to secure food. Some states said they would spend their own funds to keep versions of the program going.
The program costs around $8 billion per month nationally.
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 with about $5 billion in it 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, it must be. They also said a separate fund with around $23 billion is available for the cause.
A federal judge in Rhode Island ruled from a bench that the program must be funded using at least the contingency funds – and asked for an update on progress by Monday.
A Massachusetts-based judge also gave the administration until Monday to say whether it would partially pay for the benefits for November with contingency money or fund them fully with additional funds.
It wasn’t immediately clear how quickly the debit cards that beneficiaries use to buy groceries could be reloaded after the ruling. That process often takes one to two weeks.
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