The two federal judges ordered on Friday that the Trump Administration should break open the emergency reserve fund to cover the food stamps for millions of Americans during November. This was a stern rebuke of the USDA’s claims it could not use the money due to the shutdown.
These rulings are a result of suits filed in Massachusetts and Rhode Island. They reject the argument made by the agency that the $5.3 billion contingency account was not available, even though the shutdown is now entering its second month.
SNAP (the federal food stamps program) costs $8 to $9 billion per month. The release ordered won’t cover the full amount of November benefits. It is a rare case of courts trying to force an administration’s hands during a standoff.
The U.S. district judge John McConnell in Rhode Island stated that “there is no doubt” that contingency fund are funds appropriated that are necessary for the operation of the program. The shutdown of government funding does not eliminate SNAP. It only removes the funding.
McConnell’s decision came just minutes after U.S. district judge Indira Talwani issued an almost identical ruling in Boston. Both were appointed by Obama. The administration also said it could use nearly $17 billion to fund the full November SNAP payment, though White House officials have resisted this idea because they believe that child nutrition programs would be hurt.
This court clarified now that Defendants must use these Contingency Funds for SNAP as needed. While these contingency fund reportedly is not enough to cover all of the SNAP costs for November, Defendants may also supplement Contingency Funds through a transfer to additional funds to avoid reductions”, Talwani wrote.
Despite court orders there could be delays for millions. The USDA and state systems were to begin paying SNAP on November 1, but now they are scrambling to get payments back up to speed.
The President Donald Trump suggested Friday that the financial crunch may not be as bad as claimed by his officials — and the Administration could continue to provide benefits beyond November 1.
Trump replied, “Well, it’s always there,” when asked if the government could find money to pay for SNAP. He then accused Democrats of prolonging this shutdown. All the Democrats need to say is, “Let’s move on.” They don’t even have to say anything.
The 2018-19 government standoff came very close to halting the distribution of SNAP money in the more than 50 years of its existence.
The legal assault this week was led by Democratic Attorneys General and Governors from 25 states, including Washington, D.C., along with a challenge brought in Rhode Island, filed separately, by small businesses, cities, non-profits, unions, etc.
