Federal Judge Issues Order Directing USDA to Use SNAP Contingency Funds 
 
Washington Attorney General Nick Brown today issued the following statement after a federal judge in the U.S. District Court for Massachusetts issued an order finding that the United States Department of Agriculture (USDA) must use its Supplemental Nutrition Assistance Program (SNAP) contingency funds to fund the program during the ongoing federal government shutdown. The court also found that if the contingency fund cannot fully fund the program in November, then the federal government must consider other, additional funding sources. USDA has until the end of the day on Monday to let the court know whether it will fully or partially fund the SNAP program. 

“The Trump administration acted unlawfully by not funding SNAP benefits,” Brown said. “The court is giving them until Monday to come up with a plan to distribute SNAP benefits in full. And if they don’t, Washington state and AGs around the country will use the court system to hold the administration accountable. SNAP is a vital resource that supports feeding feed kids, seniors and people living with disabilities. What the administration is doing is cruel and inhumane.”

The order comes after Brown joined a coalition of 26 states in suing the Trump administration for suspending SNAP benefits in a manner that is both contrary to law and arbitrary and capricious under the Administrative Procedure Act. Today’s order makes clear that USDA must use contingency funds to pay for SNAP benefits. The federal administration has indicated that the funds will not be enough to cover the cost of November SNAP for all 50 states, and the order puts the ball in the federal government’s court. The federal government must tell the court by Monday, November 3, whether it will utilize other funding sources beyond the SNAP contingency fund to ensure that 42 million Americans do not risk going hungry in November. 

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