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Judges: Trump Has Till Monday to Agree to Fund SNAP

[RI.gov] SNAP food benefits will run out Nov. 1 as federal officials debate the use of contingency funding typically used during federal shutdowns.

[RI.gov] SNAP food benefits will run out Nov. 1 as federal officials debate the use of contingency funding typically used during federal shutdowns.
[RI.gov] SNAP food benefits run out Nov. 1 as federal officials debate the use of contingency funding typically used during federal shutdowns.
PROVIDENCE, RI —  Attorney General Peter F. Neronha praised a U.S. District Court  ruling that the Trump Administration’s United States Department of Agriculture (USDA) can use its Supplemental Nutrition Assistance Program (SNAP) contingency funds to keep food aid going, but Trump’s administration still has till Monday to signal it will.

“Defendants’ suspension of SNAP payments was based on the erroneous conclusion that the Contingency Funds could not be used to ensure continuation of SNAP payments. This court has now clarified that Defendants are required to use those Contingency Funds as necessary for the SNAP program. And while these contingency funds reportedly are insufficient to cover the entire cost of SNAP for November, Defendants also may supplement the Contingency Funds by authorizing a transfer of additional funds pursuant to 7 U.S.C. § 2257 to avoid any reductions,” wrote MA U.S. District Court Judge Indira Talwani Friday.

In Rhode Island, U.S. District Chief Judge John J. McConnell Jr. granted a temporary restraining order to prevent the USDA halt of the benefits, according to an Ocean State Media report.

Friday night, ABC reported President Trump challenged the decisions.

Both the situation requiring the rulings and the question of President Donald Trump and his lieutenants’ obedience to the rule of law are historically new in American politics, a hallmark of the continuing Trump Coup angling for Congress’s Constitutional spending power, ignoring Judicial independence, dismantling federal agencies, damaging America’s economic relationships, weakening relationships with allies nearby and overseasharming small businesses and increasing prices just as holiday shopping begins.

SNAP Funding Halt A Historic First for Any President

No previous president has refused, or failed, to use contingency funds to ensure SNAP food aid is given to struggling Americans during federal shutdowns.

Neronha celebrated the legal win as Judge Indira Talwani stated that the Trump-led federal government’s decision to withhold SNAP benefits was “unlawful,” while also opining during a hearing on the matter that the USDA’s contingency funds can and should be used for SNAP recipients during the federal government shutdown.

Both the situation requiring that order and the question of President Donald Trump and his lieutenants’ obedience to the rule of law are historically new in American politics, a hallmark of the continuing Trump Coup angling for Congress’s Constitutional spending power, ignoring Judicial independence, dismantling federal agencies, damaging America’s economic relationships, weakening relationships with allies nearby and overseas,  harming small businesses and increasing prices just as holiday shopping begins.

“There are few things more important than access to food, which is why today’s order is so crucial,” said Neronha. “As Americans continue to struggle with inflation and the rising costs of housing, health care, and everyday items, we cannot allow the federal government to strip away a safety net program which feeds those who cannot afford to feed themselves. As a reminder, the USDA has billions in contingency funds so the 42 million Americans who rely on SNAP can continue to feed their families in the case of a government shutdown. This is a matter of life and death, and I’m grateful that these funds will soon flow to families that need them the most.”

Judge Talwani also found that if the contingency fund cannot fully fund the program in November, then the federal government must consider other, additional funding sources. USDA has until the end of the day on Monday to let the Court know whether it will fully or partially fund the SNAP program. 

The ruling follows Neronha’s suit, along with a coalition of 26 states against the Trump Administration for suspending SNAP benefits in a manner that is both contrary to law and arbitrary and capricious under the Administrative Procedure Act.

The order makes clear that USDA must use contingency funds to pay for SNAP benefits. The federal Administration has indicated that the funds will not be enough to cover the cost of November SNAP for all 50 states, and the order puts the ball in the federal government’s court. The federal government must tell the Court by Monday, Nov. 3, whether it will utilize other funding sources beyond the SNAP contingency fund to ensure that 42 million Americans do not risk going hungry in November, Neronha’s office reported.

SNAP Costs $8.3B Monthly, USDA Has More Than $29B

Nationwide, for Federal Fiscal Year 2024, SNAP benefits averaged about $8.3 billion per month, according to the suit. The document also points out that in additon to the estimated $6 billion in SNAP contingency funds, a second fund, referred to as “Section 32” because it comes from Section 32 of the Agricultural Adjustment Act of 1935, has more than $23 billion in it as of Oct. 8. Mass v. USDA et al.

 

Rob Borkowski
Author: Rob Borkowski

Rob has worked as reporter and editor for several publications, including The Kent County Daily Times and Coventry Courier, before working for Gatehouse in MA then moving home with Patch Media. Now he's publisher and editor of WarwickPost.com. Contact him at editor@warwickpost.com with tips, press releases, advertising inquiries, and concerns.

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