Two federal judges have ruled that President Donald Trump’s administration cannot cut off food aid to low-income people, suggesting the government will need to draw from reserve funds as the shutdown drags on.
Friday’s decisions were announced within minutes and both concerned the fate of the Supplemental Nutrition Assistance Program, known as SNAP.
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Approximately 42 million people, or 1 in 8 Americans, rely on SNAP to support their households. The aid was scheduled to end on Saturday.
The Trump administration claims it can no longer fund the program or use reserve funds to cover shortfalls because Congress failed to pass a budget in September.
But Friday’s rulings both cast doubt on that logic.
The first ruling was handed down by Boston U.S. District Judge Indira Talwani, who gave the Trump administration a Monday deadline to address how SNAP would be funded, at least in part. It would be “unlawful” to completely cancel the program, she wrote.
He also ruled that it is indeed legal to draw from the government’s reserve fund to pay for SNAP, as the government has done in the past.
“Defendants’ suspension of SNAP payments is based on the erroneous conclusion that emergency funds cannot be used to ensure the continuation of SNAP payments,” Indira wrote.
“This court has made clear that defendants must use these emergency funds as needed for the SNAP program.”
Her decision comes in response to a petition from 25 Democratic-led states and the District of Columbia, which argue that the federal government does not have the authority to completely cut off food aid.
The second sentence was handed down in a Rhode Island court by U.S. District Judge John McConnell.
A group of cities, nonprofits and labor organizations had challenged President Trump’s suspension of SNAP benefits. Mr. McConnell, on the other hand, came to the same conclusion as his Boston colleagues.
“There is no question, there is no debate, that if the fear that has caused some people about having food money for their families hasn’t already happened, irreparable harm will begin to occur,” McConnell said during a virtual hearing.
He called for continued funding for SNAP using federal reserves and asked for an update from the administration on Monday.
Hours after the decision was issued, President Trump issued a response on his Truth Social platform. He reiterated the administration’s position that access to emergency funds is not legal.
“Our government lawyers believe we do not have the legal authority to pay the specific funds available to SNAP, and two courts have now issued conflicting opinions on what we can and cannot do,” President Trump wrote.
“I don’t want Americans to go hungry because Radical Democrats refuse to do what’s right and refuse to reopen the government. That’s why I have directed my attorneys to ask the court to clarify as soon as possible how to legally fund SNAP.”
SNAP has never been suspended, as was threatened under the Trump administration.
Plaintiffs in both cases argued that the Trump administration’s actions appear to be an attempt to use food aid as a form of political influence against Democrats.
They also pointed out that prior to the shutdown, the U.S. Department of Agriculture (USDA) had announced that it would use emergency funds to maintain SNAP benefits if Congress was unable to pass funding legislation.
But on October 26, the Trump administration reversed course and posted a message on the USDA website.
The message read, “The bottom line is that the well has run dry.” “At this time, there are no offers issued on November 1st.”
The USDA has at least $5.25 billion in reserve funds available to continue paying benefits, previously appropriated by Congress for use when “necessary to carry out program operations.”
Previous government shutdowns have caused interruptions and delays in government services, but the Trump administration has vowed to use the situation to cut government jobs and programs it deems disadvantageous.
The closure is now in its 31st day. Democrats and Republicans remain at odds over passing a budget bill to keep the federal government functioning.
Democrats are working to ensure health care concerns are addressed in the bill, but Republicans have refused to negotiate on the issue until they pass a continuing resolution that would keep federal spending the same.
President Trump officials continued to insist Friday that they cannot legally touch SNAP reserves.
“By law, reserve funds can only flow if the underlying funds are flowing,” Agriculture Secretary Brooke Rollins told reporters.
But Democrats praised the ruling and criticized President Trump’s threats. “The government is choosing not to feed Americans in need, knowing it is legally required to do so,” said Sen. Amy Klobuchar.
