A federal judge in Rhode Island ordered USDA to provide SNAP benefits using a contingency fund after finding that the plaintiff cities and nonprofit groups had demonstrated "irreparable harm," according to news reports. In a social media post Friday evening, President Donald Trump said he directed government lawyers to ask the court to "clarify how we can legally fund SNAP as soon as possible."
U.S. District Judge John McConnell ruled from the bench at a hearing Friday, shortly after another judge in Massachusetts found the Trump administration has wrongly claimed it can’t use the contingency fund to keep SNAP benefits from lapsing. However, she gave the Agriculture Department until Monday to consider providing “at least reduced” payments for November.
That decision came in a lawsuit filed by 25 states and the District of Columbia over the department’s decision not to use the fund.
Trump, in his social media post, said "government lawyers do not think we have the legal authority to pay SNAP with certain monies we have available, and now two Courts have issued conflicting opinions on what we can and cannot do. I do NOT want Americans to go hungry just because the Radical Democrats refuse to do the right thing and REOPEN THE GOVERNMENT."
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McConnell, according to NBC News, said in his oral ruling that "there is no doubt that the six billion dollars in contingency funds are appropriated funds that are without a doubt necessary to carry out the program’s operation. The shutdown of the government through funding doesn’t do away with SNAP. It just does away with the funding of it."
He disagreed with USDA's rationale for not using the contingency fund. The department has said the money needs to be reserved for future, potential disaster victims.
"It’s clear that when compared to the millions of people that will go without funds for food versus the agency’s desire not to use contingency funds in case there’s a hurricane need, the balances of those equities clearly goes on the side of ensuring that people are fed,” the judge said, according to NBC.
In her order Friday, U.S. District Judge Indira Talwani of Massachusetts rejected the Trump administration’s argument that the states didn’t have standing to challenge USDA’s decision and said they were likely to prevail in the lawsuit.
“At core, Defendants’ [the administration’s] conclusion that USDA is statutorily prohibited from funding SNAP because Congress has not enacted new appropriations for the current fiscal year is erroneous. To the contrary, Defendants are statutorily mandated to use the previously appropriated SNAP contingency reserve when necessary and also have discretion to use other previously appropriated funds as detailed below.”
Even so, the judge said she would allow administration officials “to consider whether they will authorize at least reduced SNAP benefits for November, and report back to the court no later than Monday.”
The judge noted that SNAP benefits cost USDA about $8.6 billion a month and that Congress appropriated $6 billion for the contingency fund.
The judge also indicated that the lapse in funding would not have an immediate effect on many beneficiaries.
"At present, SNAP funding will not be available starting on November 1. This suspension will not immediately impact all recipients as SNAP disbursements may be staggered throughout the month," the order says.
Separately, Agriculture Secretary Brooke Rollins accused congressional Democrats of “lying” about USDA’s ability to use the contingency fund to partially cover benefits for November.
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