Judge pushes USDA to use emergency funds for SNAP benefits


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Summary

Food aid continuity

A federal judge in Boston is preparing to intervene to maintain food aid for Americans during the government shutdown. Funding for the Supplemental Nutrition Assistance Program (SNAP) is projected to run out soon, affecting nearly 42 million recipients.

Legal intervention

Judge Indira Talwani indicated that the Trump administration cannot halt SNAP benefits, expressing that the emergency fund established by Congress should be used during the shutdown.

USDA and state positions

The U.S. Department of Agriculture argued that emergency funds are reserved for natural disasters rather than political disagreements. In contrast, over twenty states filed lawsuits, claiming that families should not lose access to food assistance due to a lack of agreement in Washington, D.C.


Full story

A federal judge in Boston is signaling that she will intervene to ensure food aid continues to flow to Americans affected by the government shutdown. Funding is set to run out as early as Saturday.

The judge’s comments follow the U.S. Department of Agriculture’s (USDA) argument that emergency funds were intended only for natural disasters. However, more than two dozen states sued, saying families should not be left without food because D.C. can’t agree.

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Nearly 42 million Americans rely on the Supplemental Nutrition Assistance Program (SNAP), previously known as food stamps.

What she’s saying

Judge Indira Talwani said the Trump administration cannot simply turn off benefits. She’s ordering the USDA to tap into a $5.5 billion emergency fund that Congress set aside for crises like this.

She told government lawyers, “Congress has put money in an emergency fund, and it is hard for me to understand how this is not an emergency.” 

The fund won’t cover a full month, but it would allow partial payments while the shutdown continues.

Talwani is expected to issue her ruling as early as Friday. It could mean benefits might start going out again, though likely delayed, as states rush to reload EBT cards.

“We are dealing with a reality that absent a 100% win for you, the benefits aren’t going to be there on Nov. 1,” she told the plaintiffs.

Jason K. Morrell (Morning Managing Editor) and Matt Bishop (Digital Producer) contributed to this report.
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Why this story matters

A federal judge is considering whether to require federal emergency funds be used to maintain SNAP benefits for 42 million Americans during a government shutdown, highlighting the conflict over legal obligations and the protection of food security.

Food security

Millions of Americans risk losing access to SNAP benefits, which could increase food insecurity and strain food banks and community organizations, as noted by sources including NPR and local reports.

Government shutdown

The ongoing government shutdown has halted funding for critical programs, leading to legal and political conflict over how to manage essential services and setting a precedent not previously encountered in the program's history.

Legal interpretation

Judge Indira Talwani is questioning whether the USDA’s refusal to use a contingency fund is consistent with congressional intent, reflecting broader debates over agency authority and welfare protections during federal funding lapses.

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History lesson

During the 2018-2019 shutdown, SNAP nearly faced a disruption, but emergency administrative actions avoided a lapse in payments, as noted in multiple sources. No precedent exists for a total suspension due to a shutdown.

Oppo research

Opponents of using emergency funds argue it is unlawful without proper Congressional appropriation and stress that only a full government funding bill can resolve the crisis, as highlighted by Senate Republicans and the Department of Agriculture.

Policy impact

If SNAP benefits are reduced or delayed, vulnerable households, including children, seniors and people with disabilities, may face food insecurity. Retailers who depend on SNAP shoppers could also suffer lost revenue, especially around holidays.

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Sources

  1. AP News

Media landscape

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Key points from the Left

  • A federal court may rule soon to prevent the suspension of food assistance to 42 million Americans, set to start Saturday.
  • Democratic governors and attorneys general from over two dozen states have filed a lawsuit against the federal government to continue SNAP payments.
  • Judge Indiria Talwani expressed skepticism about the Trump administration's claims regarding the legality of using the USDA emergency fund for SNAP benefits, emphasizing that Congress intended to protect the American people during emergencies.
  • Talwani stated, "We're not going to make everyone drop dead because it's a political game someplace else."

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Key points from the Center

  • On Thursday, U.S. District Judge Indira Talwani questioned if the Trump administration can legally suspend all SNAP benefits starting Saturday, as the USDA said "the well has run dry" on Saturday, prompting lawsuits.
  • The shutdown that began Oct. 1 prompted Justice Department attorney Jason Altabet to tell the judge the USDA lacks authority to disburse funds, while full benefits cost $8.5 billion to $9 billion monthly.
  • Lawyers for 25 Democratic-led states and the District of Columbia told the judge a temporary restraining order is needed to maintain partial SNAP funding for 42 million Americans.
  • Talwani said she will decide later on Thursday whether to force the U.S. Department of Agriculture to use some of the $5.25 billion in contingency funds, while state agencies warned partial distributions could strain their monthly SNAP administration.

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Sources

  1. AP News

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