BOSTON — Millions of low-income families could find out today whether they’ll receive their November food stamp payments, as a federal judge prepares to rule in a lawsuit brought by 25 states and the District of Columbia against the Trump administration.
In prior government shutdowns, SNAP has been funded from these contingency funds, but in this case the government is refusing to release the funds. Without them, SNAP benefits will not go out as scheduled on November 1.
Judge Indira Talwani heard arguments on Thursday and should make her ruling at some point today, and appears to be leaning towards supporting the plaintiffs.
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The government’s argument is that it would be too hard to release the funds, which would only cover partial payments. The contingency fund is about $5 billion, and the monthly cost of SNAP is $8 billion.
Even a ruling in favor of the plaintiffs would cause hardship. At best, people will receive partial payments and they will be late. Most SNAP beneficiaries have spent all of their money before the end of the month, and will be reliant on food banks and other sources to fill the gap.
However, it would reduce the hardship experienced by families and the cost to the states. While it is true that disbursing partial benefits would be complicated, requiring states to recalculate benefits, it is those very states that are asking for this.
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Talwani’s ruling is expected at some point on Friday and at this point it is likely she will rule that the contingency fund will be released. An open question is the plaintiffs’ request to also use a separate fund that contains $23 billion and will allow benefits to be disbursed in full. The government insists that this is a violation of the Antideficiency Act, which makes it a criminal offense to expend federal funds in advance of or in excess of an obligation.
It seems less likely that Talwani will allow those funds to be used. It is also possible that any release of funds will apply only to the 25 states bringing the lawsuit. Some states are using their own funds to cover SNAP benefits, but not every state can afford that expenditure.
The 25 states bringing the suit are: Arizona, California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Kansas, Kentucky, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, North Carolina, Oregon, Pennsyvania, Rhode Island, Vermont, Washington, and Wisconsin. The District of Columbia has also joined the suit.
