OAN Staff Blake Wolf
12:31 PM – Saturday, November 1, 2025
Two federal judges ordered the Trump administration to utilize contingency funds to pay for the Supplemental Nutrition Assistance Program (SNAP) amid the government shutdown.
The orders came from judges in Massachusetts and Rhode Island, calling on the administration to utilize the emergency funds and report back to the courts on Monday.
The court rulings follow the U.S. Department of Agriculture’s (USDA) announcement, informing the roughly 42 million Americans receiving SNAP benefits that they would not be provided with the benefits for November, as funds have run out due to the government shutdown.
SNAP is the nation’s largest food aid program, serving roughly 1 in 8 Americans. The lapse in funding for the program could result in tens of millions of Americans facing food shortages.
The agency previously stated that the $6 billion in contingency funds were ineligible to be used to cover the lapse in funding for food stamp benefits, as “SNAP contingency funds are only available to supplement regular monthly benefits when amounts have been appropriated for, but are insufficient to cover, benefits.”
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“The contingency fund is not available to support FY 2026 regular benefits, because the appropriation for regular benefits no longer exists,” the agency explained in a memo.
Massachusetts Judge Indira Talwani seemingly rejected the administration’s explanation in her ruling, writing: “At core, Defendants’ conclusion that USDA is statutorily prohibited from funding SNAP because Congress has not enacted new appropriations for the current fiscal year is erroneous.”
“To the contrary, Defendants are statutorily mandated to use the previously appropriated SNAP contingency reserve when necessary and also have discretion to use other previously appropriated funds,” she continued, going on to note that “the court will allow Defendants to consider whether they will authorize at least reduced SNAP benefits for November, and report back to the court.”
Following the orders, President Donald Trump issued a Truth Social post asking the courts for clarification on the matter.
“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,” Trump wrote.
“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,” the president continued.
“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! Here is Cryin’ Chuck Schumer’s Office Number: (202) 224-6542.”
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