On Friday, two federal judges—one in Massachusetts and another in Rhode Island—handed down rulings within hours of each other, effectively forcing the Trump administration to keep money flowing to the nation’s largest food aid program. The orders compel the administration to dip into contingency funds to sustain SNAP, even as the shutdown continues. Interestingly, the judges didn’t dictate exactly how much funding must go out, allowing the administration to choose between partial or full coverage for November. It’s another example of the judiciary inserting itself into fiscal policy while still acknowledging the limits of its own authority.
The rulings came a day before the U.S. Department of Agriculture planned to freeze payments to the Supplemental Nutrition Assistance Program because it said it could no longer keep funding it due to the shutdown.
The program serves about 1 in 8 Americans and is a major piece of the nation’s social safety net — and it costs about $8 billion per month nationally.
Democratic state attorneys general or governors from 25 states, as well as the District of Columbia, challenged the plan to pause the program, contending that the administration has a legal obligation to keep it running in their jurisdictions.
The administration said it wasn’t allowed to use a contingency fund with about $5 billion in it for the program, which reversed a USDA plan from before the shutdown that said money would be tapped to keep SNAP running. The Democratic officials argued that not only could that money be used, but it must be. They also said a separate fund with around $23 billion is available for the cause.
In Providence, Rhode Island, U.S. District Judge John J. McConnell wasted no time making his stance clear. Ruling from the bench, he ordered the Trump administration to keep SNAP funded during the shutdown by using contingency funds. The case, filed by cities and nonprofits, sought to prevent a lapse in food aid for millions.
In Providence, Rhode Island, U.S. District Judge John J. McConnell ordered the Trump administration to keep SNAP funded during the government shutdown by tapping into contingency funds. The lawsuit, filed by cities and nonprofits, aimed to prevent a lapse in food aid for millions affected by the Schumer Shutdown.
The Trump administration has maintained that the only real solution to restoring full SNAP funding is for Democrats to end the standoff and vote to reopen the government. Democrats, reportedly feeling pressure as SNAP benefits neared expiration, now have these rulings as a convenient lifeline to prolong the shutdown. In effect, the decisions give Democrats political cover for refusing to fund the government—though the contingency funds keeping SNAP afloat won’t last long.
At a Washington news conference earlier Friday, Agriculture Secretary Brooke Rollins, whose department runs SNAP, said the contingency funds in question would not cover the cost of SNAP for long. Speaking at a press conference with House Speaker Mike Johnson at the Capitol, she blamed Democrats for conducting a “disgusting dereliction of duty” by refusing to end their Senate filibuster as they hold out for an extension of health care funds.
The courts have bought Democrats time, but mathematics doesn’t negotiate. These contingency reserves will evaporate within weeks, leaving SNAP in the same precarious position—and the judiciary with no more rabbits to pull from its hat. If Democrats remain committed to their shutdown strategy, they should own the consequences rather than outsource responsibility to the bench.
Editor’s Note: The Schumer Shutdown is still ongoing, and polls are now showing Americans are increasingly blaming the Democrats for this mess, and Democrats are on the verge of caving.
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