Two federal judges have ruled that the Trump administration cannot suspend food aid provided to approximately 42 million low-income Americans during the ongoing US government shutdown. The rulings mandate that the government must continue funding the Supplemental Nutrition Assistance Program (SNAP), commonly known as food stamps, by utilizing emergency funds to ensure beneficiaries receive assistance despite the lapse in federal appropriations.
The SNAP program is a critical lifeline for millions of Americans facing food insecurity. It provides eligible individuals and families with reloadable debit cards that can be used to purchase essential groceries. On average, a family of four receives around $715 per month through SNAP benefits, equating to just under $6 per person per day. While the program is administered at the state level, its funding comes from the federal government, which has been unfunded since the shutdown began on October 1.
The federal government shutdown, now entering its second month, has been the result of political deadlock between Republicans and Democrats, with both sides blaming each other. This impasse has led to significant disruptions in government services, including the suspension of funding for SNAP benefits. The US Department of Agriculture (USDA), which oversees SNAP, declared that it would not distribute food assistance funds in November, citing that “the well has run dry” due to the shutdown.
Several US states have pledged to cover any shortfall in SNAP funding using their own resources. However, the federal government has warned states that they will not be reimbursed for these expenditures, placing additional strain on state budgets. This tension has prompted dozens of states to sue the Trump administration, seeking to compel the use of a roughly $6 billion emergency contingency fund designated for SNAP in order to continue benefits payments.
Massachusetts US District Judge Indira Talwani issued a decision supporting the states’ position, stating that Congress intended for SNAP benefits to be funded, even at a reduced rate, when appropriated funds are insufficient. Judge Talwani ordered the administration to access the contingency fund to pay benefits and required a report by Monday on whether at least partial benefits for November would be authorized. The judge criticized the administration’s conclusion that tapping the emergency reserves was legally prohibited during a funding lapse, calling it an error.
The USDA had previously argued that the contingency reserves were insufficient to cover full SNAP benefits, which cost between $8.5 billion and $9 billion each month. Agriculture Secretary Brooke Rollins had indicated that the contingency fund should only be used in emergencies such as natural disasters. However, even if the government uses the contingency fund now, experts from the Center on Budget and Policy Priorities (CBPP) warn it would only cover about 60% of beneficiaries for a single month.
Judge Talwani also requested the administration to consider whether it could pay full benefits by reallocating money from other federal programs. This suggestion was prompted by the administration’s earlier decision to transfer military research funds to pay members of the armed forces during the shutdown.
In a separate ruling out of Rhode Island, federal Judge John J. McConnell Jr. ordered the Trump administration to make full SNAP benefit payments by November 3. He ruled that the administration could use not only the contingency fund but also a separate $23 billion fund established under amendments to the Agricultural Adjustment Act of 1935 to cover full payments. If the administration refuses to use these funds, Judge McConnell decreed that at least partial payments must be made using the entire contingency fund by November 5.
President Donald Trump acknowledged the court rulings and said he had instructed government lawyers to seek legal guidance on how to fund SNAP benefits during the shutdown. On his social media platform, Truth Social, Trump stated, “If we are given the appropriate legal direction by the Court, it will BE MY HONOR to provide the funding.” However, he also warned that any guidance might come too late to prevent delays in benefit payments.
Treasury Secretary Scott Bessent indicated that payments could potentially resume as soon as Wednesday, but emphasized that a process had to be followed to authorize the funds. “There’s a process that has to be followed, so we have got to figure out what the process is,” Bessent told CNN, adding that the timeline for resuming payments could be as soon as midweek.
The USDA has not publicly commented on the court decisions, and the Office of Management and Budget has yet to respond to inquiries. Meanwhile, advocacy groups have condemned the administration’s attempt to halt SNAP funding. The National Parents Union described the move as “a moral disgrace