In a dramatic turn of events, the Trump administration sought intervention from a federal appeals court on Friday, aiming to halt a judge’s mandate that ensures the complete disbursement of November’s SNAP benefits amidst the ongoing U.S. government shutdown. Despite this legal maneuver, some states, including Wisconsin, have already begun delivering the much-needed aid to their residents.
U.S. District Judge John J. McConnell Jr. had previously instructed the administration to proceed with disbursing full payments under the Supplemental Nutrition Assistance Program by the end of the week. However, the administration responded by requesting that the appeals court pause any orders that would force it to allocate more funds than what remains in its contingency reserves.
In Wisconsin, the impact of the court’s decision was already visible. The state’s governor, Tony Evers, through his spokesperson Britt Cudaback, confirmed on Friday that some recipients had already seen their full November benefits deposited overnight. “We’ve received confirmation that payments went through, including members reporting they can now see their balances,” Cudaback stated.
This legal dispute adds another layer of uncertainty to a crucial assistance program that supports roughly one in eight Americans, primarily from low-income backgrounds. The ongoing battle in the courts follows a lawsuit initiated by various cities and nonprofits. These entities are challenging the Trump administration’s previous stance to reduce the monthly benefit to 65% of the maximum amount, a move that risked leaving some individuals without any benefits for the month.
Judge McConnell, along with another judge, ruled last week against the administration’s plan to omit November benefits entirely, arguing that the federal shutdown should not be a reason to withhold these essential funds. As the situation continues to unfold, the fate of millions relying on SNAP benefits hangs in the balance, awaiting the courts’ next decision.
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.
