BOSTON – In a dramatic turn of events, the Trump administration has sought intervention from a federal appeals court to halt a judge’s directive mandating the disbursement of the full November SNAP benefits amidst the ongoing U.S. government shutdown. This request comes even as several states have begun to expedite the distribution process, ensuring that funds reach those in need.
U.S. District Judge John J. McConnell Jr. had initially set a deadline for the administration to ensure the payments were made through the Supplemental Nutrition Assistance Program by Friday. However, the administration filed an appeal, seeking to pause any judicial orders that would compel it to allocate more funds than what remains in the contingency reserves.
Despite the administration’s appeal, states like Wisconsin have already taken action. According to Britt Cudaback, spokesperson for Wisconsin Governor Tony Evers, some beneficiaries in the state had already received their full November payments as early as Thursday night.
“We’ve confirmed that payments have been processed, and members are reporting visible balances,” Cudaback stated, offering relief amidst the financial uncertainty faced by many.
This legal back-and-forth has extended a period of unease for the food assistance program, affecting approximately 1 in 8 Americans, many of whom belong to lower-income brackets. The recent federal court order stems from a lawsuit initiated by cities and nonprofits. They are contesting the administration’s prior decision to fund only 65% of the maximum monthly benefit, a move that risked leaving some recipients without any support this month. Judge McConnell, along with another judge, had previously ruled against the complete omission of November’s benefits due to the shutdown.
Thursday’s federal court order came in a lawsuit from cities and nonprofits challenging the Trump administration’s decision to cover only 65% of the maximum monthly benefit, a decision that could have left some recipients getting nothing for this month. McConnell was one of two judges who ruled last week that the administration could not skip November’s benefits entirely because of the federal shutdown.
The judges in both cases ordered the government to use one emergency reserve fund containing more than $4.6 billion to pay for SNAP for November but gave it leeway to tap other money to make the full payments, which cost between $8.5 billion and $9 billion each month.
On Monday, the administration said it would not use additional money, saying it was up to Congress to appropriate the funds for the program and that the other money was needed to shore up other child hunger programs.
In its court filing Friday, Trump’s administration contended that Thursday’s directive to fund full SNAP benefits runs afoul of the U.S. Constitution.
“This unprecedented injunction makes a mockery of the separation of powers. Courts hold neither the power to appropriate nor the power to spend,” the U.S. Department of Justice wrote in its request to the court.
Some states said they stood ready to distribute the money as quickly as possible.
The Michigan Department of Health and Human Services said it directed a vendor servicing its SNAP electronic benefit cards to issue full SNAP benefits soon after the federal funding is received. Benefits are provided to individuals on different days of the months. Those who normally receive benefits on the third, fifth or seventh of the month should receive their full SNAP allotment within 48 hours of funds becoming available, the department said, and others should receive their full benefits on their regularly scheduled dates.
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Lieb reported from Jefferson City, Missouri, and Bauer from Madison, Wisconsin.
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