A sign in a convenience store along Barlowe Road in Hyattsville, Maryland, on Oct. 28, 2025, advertises that it accepts SNAP benefits. (Photo by Ashley Murray/States Newsroom)

This report has been updated.

A federal judge in Rhode Island ordered the Trump administration Thursday to pay roughly $9 billion for a full month of nutrition assistance benefits by the next day.

Chief Judge John J. McConnell Jr., who was appointed by Democratic former President Barack Obama, said the administration blew its chance to choose to pay only partial benefits for the Supplemental Nutrition Assistance Program, or SNAP, when it failed to release funds by a Wednesday deadline.

He said a social media post by President Donald Trump showed the president sought to use hunger for political leverage during the government shutdown, which stretched into day 37 on Thursday.

Earlier, in a Friday oral order that he expanded in a Saturday written order, McConnell had said the government must either pay full benefits by Monday or partial benefits from a contingency fund by Wednesday. 

The government did neither, he said Thursday.

The administration had argued it was impossible to pay the benefits, which go to 42 million Americans, within a few days, saying that the USDA had never calculated partial benefits and that coordinating new payments for SNAP, a federally funded program administered by the states, was difficult. 

The administration quickly appealed the ruling to the 1st Circuit U.S. Court of Appeals.

“Today is a major victory for 42 million people in America. The court could not be more clear – the Trump-Vance administration must stop playing politics with people’s lives by delaying SNAP payments they are obligated to issue,” said Skye Perryman, President and CEO of Democracy Forward, co-counsel for the coalition challenging the administration.

‘USDA cannot now cry’

But McConnell said the department created the problem, in part by failing to prepare for it far earlier. USDA was obligated to spend from a contingency fund to ensure SNAP benefits flowed into November uninterrupted, he said. 

“USDA did not do so,” he said. “Even when Nov. 1 came, USDA refused to use the congressionally mandated contingency funds. USDA cannot now cry that it cannot get timely payments to beneficiaries for weeks or months because states are not prepared to make partial payments.

“USDA arbitrarily and capriciously created this problem by ignoring the congressionally mandated contingency funds and failing to timely notify the states.”

McConnell also pointed to Trump’s post on Truth Social on Tuesday that indicated he would not authorize payments consistent with the judge’s order until Democrats agreed to his terms to end the government shutdown.

“The day before the compliance was ordered, the president stated his intent to defy the court order when he said, ‘SNAP payments will be given only when the government opens,’” McConnell said Thursday.

Child nutrition funding suggested

The USDA had said it would pay only partial November benefits from a contingency fund holding about $4.5 billion, rather than tap into other money at its disposal, including a $23 billion fund for child nutrition programs.

The coalition of cities and nonprofit organizations that sued to force the administration to pay SNAP benefits for November has argued the court should force USDA to pay full benefits for November. 

In addition to the missed Wednesday deadline, the move violated a fundamental administrative law requiring federal agencies not to make arbitrary and capricious decisions, Kristin Bateman of the Democracy Forward Foundation, which is representing the groups, said Thursday.

The child nutrition program would not need its billions of dollars until June, she said, meaning that transferring funds for SNAP would only actually hurt the child nutrition program if the shutdown persists until then.

“A decision on such a highly unlikely set of events is not reasoned decision-making,” Bateman said. “It’s particularly unreasonable because the defendants have not explained why they would choose to let 42 million Americans, including 16 million children, go hungry now in order to guard against the extreme outside chance that come June, there won’t be enough money to fund child nutrition programs.”

McConnell agreed that invoking the child nutrition fund was “entirely pretextual,” which was demonstrated in part by Trump’s post and other statements by administration officials.

“The defendants’ stated desire to conserve funding for the child nutrition programs is entirely pretextual, given the numerous statements made in recent weeks by the president and his administration officials who admit to withholding full SNAP benefits for political reasons,” he said.

McConnell also noted that the case should be resolved as soon as possible to help provide food to hungry people or “needless suffering will occur.”

‘A state problem’

Tyler Becker, who argued on behalf of the USDA, said the department had done its part by making available to states a table showing how they should allocate partial November benefits for households of differing circumstances.

SNAP is a complex program, requiring coordination between the federal government and all 50 states, each of which has a different system for distributing benefits.

“The government did make the payments, is making the payments to the states,” he said. “That’s all the government does in the SNAP program.”

He added that the government had shown earlier in the case some of the administrative difficulties of paying partial benefits.

In a separate case in Massachusetts federal court, some states said they could process the benefits immediately, while others cannot.

“This is a state problem,” he said.

But McConnell cut him off shortly after, saying the federal government was responsible for ensuring people got their SNAP benefits.

“The problem that the government identified needed to be resolved one way or the other by Wednesday,” he said. “And if it wasn’t resolved by Wednesday, then you had to make the full payments, because that’s the only way we could get money to people immediately and alleviate the irreparable harm, whether you could or couldn’t do anything about that.”

In a Sept. 30 contingency plan about how to proceed during a government shutdown, the USDA itself said it would pay for continuing benefits through the contingency fund, which at the time held $6 billion. The administration later reversed that plan and said it could not tap the contingency fund.

In the Massachusetts case, which was brought by 25 Democratic states and the District of Columbia, the states argued Thursday that confusion stemming from a miscalculation the USDA made in determining November partial benefits was a reason to force the administration to pay for a full month.

USDA corrects miscalculation

The hearing followed a late Wednesday night filing from the USDA correcting an error it made in calculating the amounts beneficiaries would receive under its plan for partial payments. 

The department said it will reduce the largest monthly food assistance payments by about 35% in November, down from a 50% cut the department initially estimated.

USDA miscalculated how to adjust benefit payments for SNAP to account for a lack of full funding during the government shutdown, a department official said in a filing to the U.S. District Court for Rhode Island. 

The formula the government initially used and sent to states Tuesday would have resulted in about a 50% cut to the maximum monthly benefits, and left some households without benefits. 

SNAP pays benefits on a sliding scale depending on the size of a household, the household’s income and other expenses such as housing. By cutting the maximum benefit by one-half, the department would have spent about $3 billion from a SNAP contingency fund instead of the full $4.65 billion in the fund, which is what the court ordered it to spend.

The mixup created confusion for state administrators, the states in the Massachusetts litigation said.

“The fact they have been asked to suddenly shift on a dime yet again as a result of these entirely new tables, causing further chaos and delay, underscores that USDA’s approach here is untenable and unlawful,” the states wrote in a Thursday brief.

The error was first reported to McConnell by the coalition of cities and nonprofit organizations that sued to force the government to pay SNAP benefits this month. 

Think tank discovers discrepancy 

An analysis submitted by Sharon Parrott, a former White House budget officer who now leads the left-leaning think tank Center for Budget and Policy Priorities, showed that the table the department submitted to the court and sent to states on Tuesday would fall short of the court’s order to spend the entire contingency fund.

The groups said the department’s error was another reason the court should compel the government to transfer funds to pay out full benefits for November.

“Defendants’ approach means that only around $3 billion—out of the $4.65 billion Defendants have said is available—will be spent on SNAP benefits in November, leaving more than $1.5 billion in contingency funds unspent,” they wrote in a Wednesday brief. “Defendants opted for partial (and delayed) SNAP payments, but even then, did not manage to do that correctly.”

The department said in its filing later Wednesday that it independently discovered its miscalculation and worked to fix it before Parrott’s declaration hit the court docket.

“Defendants realized this error and worked to issue new guidance and tables as soon as it was discovered, not in response to Plaintiffs’ notice filed earlier this evening,” USDA’s brief said.

A store displays a sign accepting Electronic Benefits Transfer, or EBT, cards for Supplemental Nutrition Assistance Program purchases for groceries on Oct. 30, 2025 in New York City. (Photo by Spencer Platt/Getty Images)

President Donald Trump backtracked Tuesday on a pledge by his administration in court filings to partially fund November food assistance during the government shutdown, posting on social media that benefits “will be given only when the Radical Left Democrats open up government, which they can easily do, and not before!” 

White House press secretary Karoline Leavitt said later Tuesday that Trump was referring to future uses of a food assistance contingency fund and that the administration was complying with the court order, though that description did not match Trump’s post.

Trump’s declaration appeared to have little effect on the federal court case over food aid. The U.S. Department of Agriculture wrote in a court filing late Tuesday it would continue with a plan to provide partial November payments. 

The benefits usually are provided to some 42 million Americans and, at the moment, are shut off pending the partial payments. 

Before Trump’s post Tuesday, a coalition of cities and nonprofits suing the USDA said the delayed partial payments were not enough.

The coalition that filed suit, led by the Rhode Island State Council of Churches, just prior to Trump’s social media post Tuesday asked a Rhode Island federal court to compel the government to pay full benefits. 

The USDA’s promise Monday that it would provide partial payments to households who use the Supplemental Nutrition Assistance Program, or SNAP, from a roughly $4.5 billion contingency fund, was an insufficient response to a court order, the groups said.

USDA officials said Monday they could not complete partial payments for November benefits by Chief District Court Judge John J. McConnell Jr.’s deadline of Wednesday, and warned it could take several months for beneficiaries to receive the funding because of the administrative difficulties of recalculating and processing partial benefits.

The groups suing said Tuesday that if paying partial benefits created such delays, McConnell should force the government to pay full benefits instead.

“If Defendants cannot comply with the Court’s command to expeditiously resolve the hurdles to making ‘timely’ partial payments, then that is a problem of their own making,” the groups wrote. 

“They chose—unlawfully and contrary to past agency precedent and guidance—to withhold all funding for SNAP,” they continued. “That this unlawful decision may have made it impossible for them to clear the administrative hurdles now is no excuse. They still have a straightforward path to meeting the directives in the Court’s order.”

The department could legally and relatively easily tap into a separate child nutrition program account that holds $23 billion, the groups said. That would more than cover the $9 billion needed for a month of SNAP benefits, they said. 

McConnell ordered the government to respond to the challengers’ motion, and set a hearing on the issue for Thursday afternoon. 

Trump changes course

Within an hour of the groups’ filing, Trump, who had said he was eager to restore SNAP benefits, responded on social media with his defiant message that he would only release any SNAP funding once Democrats in Congress agreed to end the government shutdown that began Oct. 1.

Trump had said Friday he told government lawyers to seek clarification on how the government could legally send out benefits during the shutdown, adding he did not want Americans to go hungry.

“If we are given the appropriate legal direction by the Court, it will BE MY HONOR to provide the funding,” he wrote Oct. 31, following an oral order by McConnell.

McConnell issued a written order the next day that benefits be provided either in full by Monday or partially by Wednesday. 

The USDA responded Monday that it would provide partial benefits from the contingency fund that held about half of a month’s worth of benefits, but that the process could take weeks or even months for states to recalibrate the amount each beneficiary would receive and to process those payments.

Agriculture Secretary Brooke Rollins echoed that commitment just before the challengers submitted their motion to compel full payments.

“This morning, @USDA sent SNAP guidance to States,” Rollins wrote on X. “My team stands by to offer immediate technical assistance. This will be a cumbersome process, including revised eligibility systems, State notification procedures, and ultimately, delayed benefits for weeks, but we will help States navigate those challenges.”

Spokespeople for the USDA did not return messages seeking an explanation for the course change Tuesday morning.

At the White House press briefing Tuesday afternoon, Leavitt said she had just spoken with Trump and sought to clarify his statement.

“We are digging into a contingency fund,” she said. “The president doesn’t want to tap into this fund in the future and that’s what he was referring to.” 

Skye Perryman, the president and CEO of Democracy Forward, an advocacy group representing the groups challenging the administration, said in a Tuesday post to social media that Trump’s post was “immoral” and that the group would make use of it.

“See you in court,” Perryman said.

Shutdown lingers

The dispute over SNAP benefits stems from the lapse in government funding that began when Congress failed to appropriate money for federal programs by the start of the fiscal year on Oct. 1.

The USDA said in a plan published just ahead of the shutdown — and since deleted — that it would use the contingency fund, which then held $6 billion, to cover SNAP benefits if needed.

But the department reversed itself within weeks, telling states in an Oct. 10 letter that benefits would not be paid in November if the government remained shut down on the first of the month.

Members of each party have blamed the other for the lack of SNAP benefits. 

Democrats have demanded the administration reshuffle funds to cover the program, as it has with other federal funding during the shutdown, while Republicans have called on Democrats to approve a stopgap spending bill to reopen the government at fiscal 2025 spending levels.

Democrats in Congress have blocked Republicans’ “clean” continuing resolution to reopen the government in a bid to force negotiations on expiring tax credits for people who buy insurance on the Affordable Care Act marketplace.

As of Tuesday, the parties showed little sign of softening their positions.

Ariana Figueroa contributed to this report.

A sign in a convenience store along Barlowe Road in Hyattsville, Maryland, on Tuesday, Oct. 28, 2025, advertises that it accepts SNAP benefits. (Photo by Ashley Murray/States Newsroom)

This report has been updated.

WASHINGTON — The U.S. Department of Agriculture will pay about half of November benefits for the Supplemental Nutrition Assistance Program, or SNAP, though benefits could take months to flow to recipients, the department said Monday in a brief to a federal court in Rhode Island.

A four-page report from the USDA answered U.S. District Chief Judge John J. McConnell Jr.’s order that President Donald Trump’s administration pay at least a portion of benefits to the 42 million people who receive assistance through the program by the end of Wednesday, despite the government shutdown.

The USDA action does not address what would happen if the shutdown stretches beyond November.

Leading Democrats in Congress blasted the administration’s decision to pay only part of the month’s benefits, saying Trump was willfully denying food assistance to needy Americans.  “Providing partial benefits is not enough, is not compliant with the law, and it’s particularly cruel of Trump with the Thanksgiving season around the corner,” said Senate Democratic Leader Chuck Schumer of New York. 

McConnell on Saturday laid out two options for the administration: pay for partial benefits by the end of Wednesday through a contingency fund which currently has about $4.65 billion available, or pay for a full month of benefits by tapping other reserve sources such as the child nutrition program by the end of Monday. 

USDA opted to use the contingency fund, giving the department until the end of Wednesday to pay out benefits. 

But a declaration from Patrick A. Penn, USDA’s deputy under secretary for food, nutrition and consumer services, said the administrative hurdles in calculating and delivering a half-month’s portion of benefits could take “anywhere from a few weeks to up to several months.”

The department was complying with McConnell’s order by starting the process of resuming payments Monday, according to the status report signed by U.S. Justice Department officials.

USDA “will fulfill its obligation to expend the full amount of SNAP contingency funds today by generating the table required for States to calculate the benefits available for each eligible household in that State,” they said. “USDA will therefore have made the necessary funds available and have authorized the States to begin disbursements once the table is issued.”

Delayed SNAP benefits in shutdown

McConnell’s order acknowledged that calculating reduced benefits would take the government some time, which he explained was why he gave USDA until Wednesday if the department chose that path.

But Penn said Monday that was not nearly enough time, in part due to some states’ outdated systems for processing benefits.

The federal government would provide states with updated tables for benefits at the partial funding level by Monday, he said. States will then need to send updated files to the vendors that process benefits and add them to beneficiaries’ debit-like EBT cards to be spent on groceries.

Monday marked the 34th day of the federal government shutdown, which began Oct. 1 when Congress failed to appropriate money for federal programs or pass a stopgap spending bill. 

The U.S. Senate was expected to hold another procedural vote to move forward the House-passed GOP stopgap bill that would fund the government at fiscal 2025 levels until Nov. 21. 

Democrats have voted against that measure in a bid to force negotiations on expiring tax credits for people who buy health insurance on the Affordable Care Act marketplace.

On Tuesday, the funding lapse will tie for the longest shutdown in history, which took place between 2018 and 2019. 

Contingency fund dispute

Leading up to the end of October, the administration had warned it could not pay SNAP benefits for this month amid the shutdown, saying it was legally forbidden from using the contingency fund that was supposed to be for natural disasters and similar emergencies.

But two federal judges ruled Oct. 31 that USDA not only could use the fund, but was obligated to in order to keep SNAP benefits flowing.

Saturday marked the first lapse in benefit payments in the modern history of the program that dates to part of President Lyndon B. Johnson’s War on Poverty agenda.

Lawmakers, advocates and SNAP experts said users of the program would see a delay in November benefits as the administration worked to restart it.

The administration’s insistence it could not use its contingency fund, originally appropriated by Congress at $6 billion, was a reversal from a Sept. 30 USDA plan on how to operate in a shutdown, which explicitly called for use of the fund to keep issuing benefits.

A month of SNAP benefits costs the federal government about $9 billion.

While USDA would not use the contingency fund to pay for regular benefits, it did spend about $750 million of the original $6 billion for other uses in October, according to a Monday declaration to the court by Penn.

The department spent about $450 million for state administrative expenses and $300 million for block grants to Puerto Rico and American Samoa, Penn wrote.

The department would again allocate $450 million for administrative expenses in November, and $150 million for the block grants to territories, he added.

That left $4.65 billion available for November benefits, Penn wrote. 

No use of child nutrition funds

Penn also explained USDA’s decision not to use a fund for a child nutrition program to cover shortfall for SNAP benefits.

The administration wanted to keep that fund fully stocked, he said.

“Child Nutrition Program funds are not a contingency fund for SNAP,” he said. “Using billions of dollars from Child Nutrition for SNAP would leave an unprecedented gap in Child Nutrition funding that Congress has never had to fill with annual appropriations, and USDA cannot predict what Congress will do under these circumstances.” 

The child nutrition program funds school meals, summer meals for children and summer EBT benefits for low-income families with children. The school lunch program alone serves about 29 million children per day, Penn said.

Democrats call USDA plan ‘not acceptable’

Democrats expressed dismay that the administration opted not to fully fund November benefits.

“Just now paying the bare minimum to partially fund SNAP is not enough, and it is not acceptable,” Sen. Patty Murray of Washington state wrote in a social media post Monday.

“Trump should immediately work to fully fund benefits under the law,” added Murray, who serves as the top Democrat on the Senate Appropriations Committee. 

Rep. Rosa DeLauro, ranking member of the House Appropriations panel, said “this was entirely avoidable,” noting that Trump “chose to hold hungry children, seniors, and veterans hostage in a selfish and cruel attempt to gain political advantage.” 

“Now, only partial benefits will be sent out late, and families will go hungry, while this administration continues to host lavish parties for their billionaire donors and political allies,” the Connecticut Democrat said.

She added that “we are in this situation because of a lack of political will on the part of the Trump administration” and urged USDA “to put politics aside and use the money they have available to ensure families do not go hungry.”

Speaker Johnson defends Trump

At a press conference Monday, U.S. House Speaker Mike Johnson continued to defend Trump’s handling of the SNAP payments.

The president is “desperate for SNAP benefits to flow to the American citizens who desperately rely upon it,” Johnson said.

The Louisiana Republican echoed Agriculture Secretary Brooke Rollins’ Friday claim that sought to justify her agency’s refusal to tap into the contingency fund to pay for SNAP. 

“The way we always understood it was: The contingency fund could not be used legally if the underlying fund was suspended,” Johnson said. 

He blamed congressional Democrats for voting against the stopgap spending bill and noted that two judges, McConnell and Indira Talwani in Massachusetts federal court, who separately ordered payments resume, were appointed by Democratic former President Barack Obama.

Talwani ruled Friday that the USDA plan to pause SNAP was illegal — but gave the Trump administration until Monday to respond to her finding before she decides on a motion to force the benefits be paid despite the ongoing government shutdown.

Johnson also acknowledged the complex logistics of releasing the money to states. 

“So, it’s not as easy as hitting go send on a computer — you gotta go through and recalculate partial payments to the 42 million recipients of the program,” Johnson said. “That puts a huge burden on states and on the feds to try to figure that out in short order.”

A shopper who receives SNAP benefits slides an EBT card at a checkout counter in a Washington, D.C., grocery store in December 2024. (Photo by U.S. Department of Agriculture)

WASHINGTON — A federal judge on Saturday issued a written order saying there is “no question” that U.S. Department of Agriculture contingency funds must be used to provide food assistance for 42 million Americans during the government shutdown.

Rhode Island U.S. District Court Chief Judge John J. McConnell Jr. had said during a Friday hearing he was granting a temporary restraining order sought by cities and nonprofit groups. McConnell ordered that the government distribute payments of Supplemental Nutrition Assistance Program, or SNAP, benefits. 

Because Congress is locked in a stalemate over a stopgap spending bill and did not appropriate money for the fiscal year that began Oct. 1, Trump administration officials had said the program could not provide SNAP benefits beyond Saturday.

In response to McConnell, President Donald Trump in a social media post later Friday said administration lawyers believed the funds could not legally be paid and that he needed clarification about how to distribute SNAP benefits. 

“I do not want Americans to go hungry just because the Radical Democrats refuse to do the right thing and REOPEN THE GOVERNMENT,” Trump said.  “If we are given the appropriate legal direction by the Court, it will BE MY HONOR to provide the funding …”

Government lawyers also filed a brief in the Rhode Island case asking McConnell to clarify how his order could legally be carried out, noting it was delivered orally and there was no written transcript.

In his Saturday order, McConnell, who was appointed by former President Barack Obama, quoted Trump and said, “So, here’s the ORDER and here’s the legal direction from the Court.”

In a footnote, the McConnell order also said: “The Court greatly appreciates the President’s quick and definitive response to this Court’s Order and his desire to provide the necessary SNAP funding.”

McConnell said it was likely that the plaintiffs would succeed in their case. He noted that Congress appropriated funds for SNAP in an annual spending bill, and lawmakers directed that $3 billion should be put in reserve through Sept. 30, 2026. Another $3 billion in a later bill was put aside until Sept. 30, 2027.

 “There is no question that the congressionally approved contingency funds must be used now because of the shutdown; in fact, the President during his first term issued guidance indicating that these contingency funds are available if SNAP funds lapse due to a government shutdown,” McConnell said.

Two options in written order

Because the $6 billion is not enough to cover the estimated $9 billion cost of November benefits, government lawyers have said it would be difficult to determine reduced benefits, McConnell said. 

He said USDA then should “within its discretion, find the additional funds necessary” to fund the full $9 billion, suggesting use of $23 billion in a fund for state child nutrition programs.

If the government chooses to make full SNAP payments for November, it must do so by the end of the day Monday, he said. If instead the government makes a partial payment of SNAP funds, then it must pay out all the $6 billion in contingency funds by Wednesday, he said.

He asked the government to update him by noon Monday how it was complying with the order.

In a separate case, a federal judge in Boston also ruled Friday that the USDA plan to pause SNAP was illegal — but gave the Trump administration until Monday to respond to her finding before she decides on a motion to force the benefits be paid despite the ongoing government shutdown.

No matter what happens on Monday, experts and a key member of Congress have said that some SNAP recipients still may see delays in their benefits because changes in administration from the federal government to states to vendors take time. In states, SNAP benefits are loaded onto cards on varying dates, but the Saturday cutoff would have been effective for November benefits.

Boxes of sugary cereal fill a store's shelves on April 16, 2025, in Miami, Florida.  (Photo by Joe Raedle/Getty Images)

WASHINGTON — A federal judge in Boston ruled Friday that the U.S. Department of Agriculture’s plan to pause a food assistance program for 42 million people was illegal — but gave the Trump administration until Monday to respond to her finding before she decides on a motion to force the benefits be paid despite the ongoing government shutdown.

At nearly the same time Friday, a Rhode Island federal judge in a similar case brought by cities and nonprofit groups ordered USDA to continue payments and granted a request for a temporary restraining order.

However, experts and a key member of Congress said that some SNAP recipients still may see delays in their benefits because changes in administration from the federal government to states to vendors take time. 

There was also no immediate word from USDA on how it will implement the judicial orders, while the administration sought guidance from the courts.

In a social media post late Friday, President Donald Trump said administration lawyers believed the funds could not legally be paid and that he needed clarification about how to legally distribute SNAP benefits.

In Massachusetts, in a Friday afternoon order, District Court of Massachusetts Judge Indira Talwani said she would continue to take “under advisement” a coalition of Democratic states’ request to force the release of funds from a contingency account holding about $6 billion.

Her ruling came a day before a cutoff of Supplemental Nutrition Assistance Program, or SNAP, benefits to low-income households.

Because Congress is locked in a stalemate over a stopgap spending bill and did not appropriate money for the fiscal year that began Oct. 1, administration officials say the program cannot provide federal funds beginning Saturday. In states, SNAP benefits are loaded onto cards on varying dates, but the cutoff would be effective for November benefits.

Talwani, who was appointed by former President Barack Obama, called the administration’s conclusion it can’t provide SNAP funding “erroneous,” and said the reserve fund was sufficient for SNAP benefits to flow to states and the vendors that add money to debit-like cards issued to the program’s beneficiaries that are used to purchase groceries. 

The law creating the program mandated that benefits continue, she said.

“Defendants are statutorily mandated to use the previously appropriated SNAP contingency reserve when necessary and also have discretion to use other previously appropriated funds,” Talwani wrote.

Talwani ordered the administration to say by Monday whether it would provide at least partial benefits for November.

Trump seeks clarification

Trump on social media said that he would be happy to see the funding go out and blamed Democrats for the monthlong shutdown.

“I have instructed our lawyers to ask the Court to clarify how we can legally fund SNAP as soon as possible,” Trump wrote. “It is already delayed enough due to the Democrats keeping the Government closed through the monthly payment date and, even if we get immediate guidance, it will unfortunately be delayed while States get the money out.”

The government filed a brief in the Rhode Island case asking the judge in that case to clarify how his order could legally be carried out.

Earlier Friday, U.S. Agriculture Secretary Brooke Rollins was noncommittal when asked if the department would comply with an order to resume benefits, according to CNN.

Spokespeople for the Department of Justice, which is representing the administration in the case, did not return messages seeking comment Friday.

The 25 states that sued were Massachusetts, California, Arizona, Minnesota, Connecticut, Colorado, Delaware, Hawaii, Illinois, Maine, Maryland, Michigan, Nevada, New Jersey, New Mexico, New York, North Carolina, Oregon, Rhode Island, Vermont, Washington state, Wisconsin Kansas, Kentucky and Pennsylvania. The District of Columbia also sued. 

Contingency fund can’t flow in shutdown, USDA chief says

At a press conference with U.S. House Republicans earlier Friday, Rollins said it was “a lie” that the contingency fund could be used to provide benefits.

“There is a contingency fund at USDA, but that contingency fund, by the way, doesn’t even cover, I think, half of the $9.2 billion that would be required for November SNAP,” she said. “But it is only allowed to flow if the underlying program is funded. It’s called a contingency fund, and by law, a contingency fund can only flow when the underlying fund is flowing.”

The judges authoring Friday’s court orders disagreed with Rollins’ argument, which was also at odds with a shutdown plan her own department published on Sept. 30 before quietly deleting it sometime in October. The plan called for SNAP benefits to continue during a shutdown because the contingency fund existed.

“Congressional intent is evident that SNAP’s operations should continue since the program has been provided with multi-year contingency funds,” the Sept. 30 plan said.

U.S. Rep. Rosa DeLauro, a Connecticut Democrat who is the ranking member of the House Appropriations Committee, said benefit payments “will likely be delayed by several days or more” and blamed the situation on the administration’s refusal to spend from the contingency fund.

“The administration has chosen to hold hungry families hostage in their partisan political games,” she said in a statement. “It is cruel. It is shameful. And as federal judges in two states have now affirmed, it is illegal.”

Rhode Island case

In Rhode Island, where the judge granted a temporary restraining order, the advocacy group Democracy Forward, which was among those bringing the suit, praised the move.

“A federal court today granted a temporary restraining order blocking the Trump-Vance administration’s unlawful effort to halt the Supplemental Nutrition Assistance Program (SNAP) during the ongoing government shutdown,” the group said. “The decision ensures that millions of children, seniors, veterans, and families will continue to receive essential food assistance while the case proceeds.”

The judge in that case, John James McConnell Jr., said the administration’s actions violated a key federal administrative law against arbitrary and capricious executive action and federal spending laws “by disregarding Congress’s direction that SNAP must continue operating,” Democracy Forward said.

McConnell also was appointed by Obama.

Delays in benefits likely

Friday’s orders will likely not stop some SNAP benefits from at least being delayed, according to Lauren Kallins, a senior legislative director for state-federal affairs at the National Conference of State Legislatures.

Even if the Trump administration immediately complied with McConnell’s order that benefits must be released, the process of moving money from the U.S. Treasury to states to vendors to beneficiaries takes time.

“Under the best of circumstances… it’s not a switch that can be flipped on once USDA decides to release funds,” Kallins, whose organization coordinates and advocates for bipartisan state lawmakers in every state, said.

States generally release SNAP funds to beneficiaries on a staggered basis, meaning that different beneficiaries receive their allotments on different days of the month. 

With the situation unresolved a day before the new benefits month begins, some are certain to see at least delays in benefits, Kallins said.

“For people who get their allotments in the beginning of the month, there’s definitely going to… be a delay here,” she said.

Additionally, if USDA were to release money only from the contingency fund, it could take states time to determine how to distribute prorated benefits.

Congress no closer to resolution

On Capitol Hill, the parties appeared no closer Friday to reaching an agreement as the government shutdown stretched into its second month.

House Republicans continued to blame Democrats for the standstill, urging Senate Minority Leader Chuck Schumer to get his caucus behind the House-passed GOP measure to reopen the government at last fiscal year’s spending levels.

“Republicans have done our part to end the Democrat shutdown, and now it’s time for Democrats to do theirs,” House Speaker Mike Johnson said Friday morning. 

“The path forward is simple — please, please, every American who is concerned about this, every American that is feeling the harm, you should call the Senate Democrats and tell them to stop the nonsense, echo the voices of the unions, of the airlines, of hardworking people everywhere, and tell them to stop doing this and open the government.”

Democrats have voted against the GOP measure, saying congressional Republicans must negotiate an extension of tax subsidies for those who buy health insurance on the Affordable Care Act marketplace. 

Those subsidies are set to expire at the end of the year, leaving millions to see their premiums skyrocket when they get premium notices beginning Saturday.