BOSTON (AP) — Two federal judges on Friday ordered the Supplemental Nutrition Assistance Program (SNAP) to continue during the ongoing federal government shutdown, ruling that the U.S. Department of Agriculture (USDA) must tap contingency funds to maintain food aid for millions of Americans.
In Massachusetts, U.S. District Judge Indira Talwani found that the administration’s interpretation barring use of the government’s roughly $5 billion in contingency funds was likely unlawful and directed the USDA to advise the court by Monday whether it would use those funds alone or with additional funding to sustain November benefits.
At nearly the same time, U.S. District Judge John J. McConnell Jr. in Rhode Island issued an oral ruling requiring the government to use at least the contingency funds to continue SNAP payments. McConnell said the suspension of benefits posed “irreparable harm” to families and was “arbitrary.”
The rulings came as the shutdown which began Oct. 1 threatened to halt SNAP benefits for about 42 million low-income Americans. USDA officials had argued that the agency lacked legal authority to draw on the contingency funds absent an underlying appropriation and said the funds would not last long.
In its defense, the department contended the contingency fund was reserved for natural disasters, not for cushioning an appropriations lapse. But the states and advocacy groups that filed the lawsuits, including 25 states and Washington, D.C., argued that the fund is precisely for operations when funding lapses, and that past shutdowns had allowed such use.
While the court orders avert an immediate cessation of food benefits, they do not guarantee full payments for November. Even if the funds are deployed, states warn that processing delays and the limited size of the fund compared with the roughly $8 billion monthly cost of SNAP could mean disruptions.
The USDA said in a statement that it was evaluating next steps in light of the rulings. The administration’s broader negotiations over funding remain linked to reopening the government.
