BOSTON (AP) — Two judges could rule as soon as Friday on whether President Donald Trump’s administration must replenish SNAP food aid benefits for November despite the government shutdown.
The grocery-buying ability for about 1 in 8 Americans could hinge on the outcomes.
Even if a judge rules the benefits cannot be suspended for the first time in SNAP’s 61-year history, many beneficiaries are likely to face delays in getting the debit cards they use to buy groceries reloaded. That process can take one to two weeks, so it’s likely too late to get funds on cards in the first days of November.
In a hearing in Boston Thursday on a legal challenge filed by Democratic officials from 25 states, including Arizona, one federal judge seemed skeptical of the administration’s argument that SNAP benefits could be halted.
U.S. District Judge Indira Talwani told lawyers that if the government can’t afford to cover the cost, there’s a process to follow rather than simply suspending all benefits. “The steps involve finding an equitable way of reducing benefits,” said Talwani, who was nominated to the court by former President Barack Obama.
Talwani seemed to be leaning toward requiring the government to put billions of dollars in emergency funds toward SNAP. That, she said, is her interpretation of what Congress intended when an agency’s funding runs out.
“If you don’t have money, you tighten your belt,” she said in court. “You are not going to make everyone drop dead because it’s a political game someplace.”
Government lawyers argue contingency fund can’t be used for SNAP
Government lawyers say a contingency fund containing some $5 billion cannot legally be used to maintain SNAP, a program that costs about $8 billion a month. The states say it must be used for that purpose and point to more money available in a second federal account with around $23 billion.
Talwani said her ruling would apply nationwide, not just in the states that are part of the challenge. That could defy the intentions of the U.S. Supreme Court, which has limited the use of nationwide injunctions, though it hasn’t prohibited them.
A hearing on a second, similar challenge filed by a coalition of cities and nonprofit organizations is scheduled before a Rhode Island-based federal judge for Friday.
Any ruling in either case is likely to face an appeal.
Meanwhile, states, food banks and recipients have been bracing for an abrupt shift in how low-income people can get groceries.
The majority of states have announced more or expedited funding for food banks or novel ways to load at least some benefits onto the debit cards used in the program.
Advocates and beneficiaries say halting the food aid would force people to choose between buying groceries and paying other bills.
At a Washington news conference Friday, Agriculture Secretary Brooke Rollins, whose department runs SNAP, said the contingency funds in question would not cover the cost of SNAP for long. Speaking at a press conference with House Speaker Mike Johnson at the Capitol, she blamed Democrats for conducting a “disgusting dereliction of duty” by refusing to end their Senate filibuster as they hold out for an extension of health care funds.
A push this week to continue SNAP funding during the shutdown failed in Congress.
To qualify for SNAP in 2025, a family of four’s net income after certain expenses can’t exceed the federal poverty line, which is about $31,000 per year. Last year, SNAP provided assistance to 41 million people, nearly two-thirds of whom were families with children, according to the lawsuit.
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