A federal judge in Boston will decide whether Supplemental Nutrition Assistance Program (SNAP) benefits should continue into November after 25 states—half of the nation—filed a lawsuit against the Trump administration to compel the release of food assistance funds during the ongoing federal government shutdown.
The lawsuit, filed in the U.S. District Court for the District of Massachusetts, accuses the administration of unlawfully withholding billions of dollars in contingency funds specifically set aside for SNAP operations during lapses in federal funding.
The U.S. Department of Agriculture (USDA) announced two weeks ago that SNAP, which provides food stamps to more than 42 million Americans, will run out of money at the end of October. The shutdown, now in its fifth week, threatens to cut off critical food assistance nationwide, including for an estimated 500,000 Native Americans across Indian Country.
On Thursday, U.S. District Judge Indira Talwani, an appointee of President Barack Obama, heard arguments in the case. The Trump administration, through the USDA, contended that the shutdown does not constitute an emergency and that contingency funds cannot be used to cover benefits during a lapse in appropriations.
Judge Talwani appeared skeptical of that argument, questioning how the potential loss of food assistance for millions could not qualify as an emergency.
Plaintiffs also pointed to prior USDA guidance—since removed from the agency’s website—that had supported the use of contingency funds during government shutdowns, undercutting the administration’s current stance.
Judge Talwani is now weighing whether to issue an emergency order requiring the federal government to resume SNAP payments in November, a decision that could determine whether millions of Americans continue receiving food assistance as the shutdown drags on.
