Trump Files Emergency Appeal To Block Full Release Of SNAP Funds

The Trump administration on Friday filed an emergency request with the 1st US Circuit Court of Appeals to immediately block an order that requires them to distribute full November Supplemental Nutrition Assistance Program (SNAP), or food stamp, benefits to be paid to the states by Friday. 

“This is a crisis, to be sure, but it is a crisis occasioned by congressional failure, and that can only be solved by congressional action,” the DOJ wrote in its motion, calling the lower court’s order “unprecedented” and that it “makes “a mockery of the separation of powers.”

The DOJ is asking for a ruling by Friday afternoon – while the 1st Circuit has ordered the cities and private organizations suing for full benefits to respond in writing by Noon ET. 

On Thursday, US District Judge John McConnell (Obama) ruled that the Trump administration’s plan to provide only partial payments was insufficient, and that it needed to tap other funds to make full payments, resulting in today’s emergency appeal before McConnell’s mandated deadline to distribute the payments to roughly 42 million recipients.

The administration says that the government shutdown effectively means there’s no SNAP program, and its hands are tied until Congress passes a deal to reopen. 

“Courts are charged with enforcing the law, but the law is explicit that SNAP benefits are subject to available appropriations,” reads the emergency appeal. “Indeed, governing regulations contemplate that, in the event of a shortfall in funding, USDA will direct the States to reduce their benefit allotments—which is precisely what USDA did this week.”

Last week, McConnell ruled that the administration had to deplete a roughly $5 billion emergency fund at minimum – which comes nowhere near to covering the cost of full November payments of around $9 billion. 

The admin agreed to do this, but warned that the partial payments could mean weekslong delays as recalculations are worked out.