The Trump administration on Friday asked a federal appeals court to halt a lower court order requiring the government to provide full Supplemental Nutrition Assistance Program (SNAP) benefits for November, amid an ongoing dispute linked to the government shutdown.
In an emergency filing with the 1st U.S. Circuit Court of Appeals, the Justice Department requested that the order be paused immediately. The filing argued that the lower court ruling was “unprecedented” and interfered with the authority of the executive and legislative branches, saying it “makes a mockery of the separation of powers.”
The administration contends that without new congressional funding, it lacks the legal authority to distribute the full SNAP benefits, commonly known as food stamps. “This is a crisis, to be sure, but it is a crisis occasioned by congressional failure, and that can only be solved by congressional action,” the Justice Department wrote.
The appeals court instructed the plaintiffs—cities and advocacy groups challenging the administration’s plan—to respond by noon Eastern time Friday. A decision could follow shortly after, given the time-sensitive nature of the payments.
On Thursday, U.S. District Judge John McConnell ruled that the administration must distribute full benefits and not a reduced amount. McConnell said the administration was obligated to use available emergency funds to cover payments for November. SNAP benefits are distributed to about 42 million people nationwide, and the full monthly payments are estimated to cost more than $9 billion.
The administration previously said it would draw from a $5 billion reserve fund but noted that this amount would only cover partial benefits. Officials also warned that recalculating benefits on short notice could create delays in some states. McConnell rejected that argument, calling the administration’s approach “arbitrary and capricious.”
The government has argued that, under federal law, SNAP benefits cannot be issued without sufficient appropriations approved by Congress. The Justice Department’s filing said federal regulations allow for benefits to be reduced in the event of a funding shortfall, which is what the Department of Agriculture had begun preparing to do.
Plaintiffs in the case maintain that withholding full benefits during the shutdown would harm low-income households that depend on the program for basic food needs. Skye Perryman, president of Democracy Forward, one of the organizations representing the plaintiffs, said Thursday that the groups would continue to push the administration to comply. “We shouldn’t have to force the President to care for his citizens, but we will do whatever is necessary to protect people and communities,” she said.
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