Wisconsin and 20 other states filed a lawsuit Monday that seeks to prevent the U.S. Department of Agriculture from imposing “anti-discrimination” conditions on all the money the department disburses to the states. 

USDA provides billions of dollars in funding to the states every year to administer programs such as the Supplemental Nutrition Assistance Program — which in Wisconsin helps nearly 700,000 residents afford groceries. 

Under a new policy issued late last year, USDA states it will not provide any financial disbursements unless the states agree to conditions involving “gender ideology,” “fair athletic opportunities” for women and girls and immigration. 

The lawsuit argues the conditions are overly broad and vague, that sub-agencies within USDA are interpreting the rules differently, potentially conflict with existing state laws and amount to unconstitutional roadblocks between the states and the money that Congress has already appropriated to be sent to the states. 

“With billions at stake for life sustaining food and critical funding for their residents, the States may be forced to accept funding conditions that they fundamentally do not understand, that are designed to coerce the States and their instrumentalities to adopt USDA’s policies, and which are ultimately unlawful,” the lawsuit states. 

Wisconsin Attorney General Josh Kaul, along with the attorneys general of California, Illinois and Massachusetts led the development of the suit which is being joined by Colorado, Connecticut, Delaware, the District of Columbia, Hawaii, Maine, Maryland, Michigan, Minnesota, New Jersey, New Mexico, New York, Oregon, Rhode Island, Vermont, Virginia, and Washington. 

Aside from the nutrition assistance programs, USDA also funds programs that aid and support Wisconsin farmers, prevent forest fires and protect local ecosystems. UW-Madison received $68 million from USDA during the 2024-25 fiscal year for agricultural research and other programs. On Monday, USDA announced more than $2 million in spending to support timber operations in Monroe and Shawano counties.  

“USDA funding helps keep kids and families fed and healthy,” Kaul said in a statement. “Attempting to use this critical funding to further unrelated policy goals of the Trump administration is wrong and unlawful.”

A bill in the Assembly seeks to order the Evers administration to follow a White House demand and turn over data on all Wisconsin food aid recipients since 2020 — despite a lawsuit that has put the federal demand on hold.

AB 1027 would give the administration six months to compile and share with the U.S. Department of Agriculture “all data” that USDA demanded in a letter to the states this past summer on applicants and recipients of benefits through the Supplemental Nutrition Aid Program (SNAP).

SNAP funds the state’s FoodShare program.  The letter threatened to cut off SNAP benefits to states that didn’t comply with USDA’s data demand.

Wisconsin is one of 21 states along with the District of Columbia that have sued to block the demand, and a federal judge in California granted the request for a temporary restraining order in their favor. The case remains in litigation.

On Wednesday, the nine Assembly health committee Republicans who were present voted to advance the bill after holding a public hearing with just two witnesses. All five Democrats voted against the measure.

In the hearing, Rep. Nate Gustafson (R-Omro), the bill’s author, said it doesn’t change who is eligible for FoodShare.

“It is focused solely on compliance with the existing federal requirements, so that funding continues without disruption, and Wisconsin citizens can keep receiving the benefits that they have been promised,” Gustafson said.

Rep. Lisa Subeck (D-Madison) asked Gustafson exactly what information was being demanded from the state.

“I’m trying to figure out the motivation for wanting this data, and without a clear picture of what this includes, it certainly concerns me,” Subeck said. “Given what’s happening in the federal government right now, this raises a number of red flags.”

Gustafson said he had not spoken with the Department of Health Services, which administers the FoodShare program, but that in his view, “what this bill is trying to say is, why, we don’t have anything to hide, so let’s just comply.”

Subeck rejected the claim that the bill would help uncover fraud in the FoodShare program.

“I believe that we should absolutely root out any fraud that is in any of our programs,” she said. “I do not believe this bill does anything to address fraud.”

The only other hearing testimony was from Mike Semmann, president and CEO of the Wisconsin Grocers Association, which opposed the legislation. Wisconsin grocers have many customers who use FoodShare in order to meet their needs, Semmann told the committee.

“Many times Wisconsin’s retailers are on the front line, and they’re going to be the ones who are going to be asked the questions about the program and about the concept of what’s going on with their information,” Semmann said. “And we just think that due to everything that is going on with both the potential pending litigation, but other additional questions, that right now to pass a piece of legislation at this time is just a little bit premature.”