The USDA has maintained that tapping the reserve would violate the Antideficiency Act
President Donald Trump said he has directed White House lawyers to seek immediate court clarification on how his administration can legally continue funding the Supplemental Nutrition Assistance Program (SNAP) during the government shutdown. This comes after two federal judges ordered the U.S. Department of Agriculture (USDA) to use emergency funds to keep the program running.
“Therefore, I have instructed our lawyers to ask the Court to clarify how we can legally fund SNAP as soon as possible.”
Judges Order Use of Emergency Funds
In response to lawsuits over food stamp funding, U.S. District Judge Jack McConnell in Rhode Island ruled on Oct. 31 that the USDA must use available contingency reserves to continue SNAP payments, ordering the department to provide an update by Nov. 3.
In a similar decision, U.S. District Judge Indira Talwani in Massachusetts said the department is “required” to use contingency funds for the SNAP program, citing a $6 billion congressional reserve appropriated in 2024 to cover program operations through 2026.
Talwani rejected the government’s argument that the program could be suspended while such funds exist, writing that the availability of contingency funds does not permit the USDA to choose to suspend SNAP operations.
“But that the regulation allows for a suspension when there are no funds does not mean that Defendants may choose a suspension over a reduction while funds do remain. If the regulation did authorize such discretion, it would be inconsistent with the statutory mandate that benefits ’shall’ be paid unless funding is no longer available.”
The USDA has maintained that tapping the reserve would violate the Antideficiency Act, which limits federal spending during shutdowns.
Legal Challenges From States and Nonprofits
A coalition of 24 states and the District of Columbia sued the USDA on Oct. 27, asking the court to compel continued SNAP funding. They argued that any lapse would jeopardize food security for tens of millions and financially harm businesses that rely on food stamp transactions.
Separately, the Rhode Island Council of Churches, several nonprofits, and cities, including Baltimore and Albuquerque, filed a last-minute suit on Oct. 30, arguing that the loss of benefits would overwhelm food banks and aid groups.
“These nonprofits provide emergency food assistance as a core function … and they will face direct and serious harm if SNAP benefits are suspended,” the complaint said.
One in 8 Americans relies on SNAP, which costs roughly $9 billion a month. The USDA has previously said that state efforts to advance payments during the shutdown cannot be reimbursed under current law.
