House Speaker Johnson had said the funds are for emergency use only when appropriations have been passed.
Federal Judge John McConnell ordered the U.S. Department of Agriculture to use emergency funds to continue the Supplemental Nutrition Assistance Program (SNAP). Assistance from the program was set to end today due to the government shutdown. The contingency fund is roughly over half the amount required to fully fund the program for the month of November. A second district judge issued a similar ruling the same day.
Judge McConnell disagreed with the claim that the fund is only for provisions in emergency situations, such as hurricane or other disasters. The judge opined that the rest of the funds could be obtained from customs receipts, known as Section 32.
“SNAP benefits have never, until now, been terminated,” Judge McConnell said at a hearing. “And the United States has in fact admitted that the contingency funds are appropriately used during a shutdown and that occurred in 2019.”
President Trump’s administration stated that providing partial benefits will not solve the problem of states wanting total funding.
“Such a partial payment has never been made — and for good reason,” the administration stated. “It would require each State to recalculate the benefits owed based on the reduced funds available. USDA estimates that such a calculation, involving complicated system changes and processes dictated by statute and regulation, would take weeks, if it can be done at all.”
“If there’s no appropriation, there really is no program,” Justice Department attorney Tyler Becker said at Friday’s hearing. “The government cannot just add funding when no program exists.”
President Trump responded on social media:
“Our 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. Therefore, I have instructed our lawyers to ask the Court to clarify how we can legally fund SNAP as soon as possible. It is already delayed enough due to the Democrats keeping the Government closed through the monthly payment date and, even if we get immediate guidance, it will unfortunately be delayed while States get the money out. If we are given the appropriate legal direction by the Court, it will BE MY HONOR to provide the funding, just like I did with Military and Law Enforcement Pay. The Democrats should quit this charade where they hurt people for their own political reasons, and immediately REOPEN THE GOVERNMENT. If you use SNAP benefits, call the Senate Democrats, and tell them to reopen the Government, NOW!“
As the Lord Leads, Pray with Us…
- For federal judges to accurately assess the legality of the federal government distributing benefits for programs that Congress has not funded.
- For the president and his administration as they seek an end to the shutdown.
Sources: The Hill, Axios, Truth Social
