Federal judges in Massachusetts and Rhode Island ordered the Trump administration to use contingency funds to cover SNAP benefits starting tomorrow.
The administration said it could not use the $5 billion contingency fund.
The Democrat officials who challenged the administration claimed the Agriculture Department (USDA) has a “separate fund with around $23 billion” that it could use for SNAP.
However, US District Judge Indira Talwani in Boston did not grant a temporary restraining order. It “remains under advisement.”
Talwani gave the Trump administration until Monday to tell her if it “will authorize at least reduced SNAP benefits for November and, if so, their timeline for determining whether to authorize only reduced SNAP benefits using the Contingency Funds or to authorize full SNAP benefits using both the Contingency Funds and additional available funds.”
But, from Talwani’s opinion, it sounds like she will grant the TRO if the administration says it won’t take action.
“With this statutory and regulatory context, Plaintiffs are likely to succeed on their claim that Congress intended the funding of SNAP benefits, at a reduced rate if necessary, when appropriated funds prove insufficient,” wrote Talwani. “Here, Congress appropriated $6 billion to SNAP in 2024as a contingency reserve through 2026, ‘to be used in such amounts and at such times as may become necessary to carry out program operations.’”
Talwani said that the Agriculture Department (USDA) can use the funds towards SNAP benefits as the shutdown continues:
Plaintiffs are therefore likely to succeed on the merits of their claimunder 5 U.S.C. § 706(2)(A), (C), that Defendants’ suspension of SNAP benefits is contrary to law. Moreover, as Plaintiffs note, in addition to the contingency funds, there are additional funds that Defendants would have discretion to access. Under Section 32 of the Agricultural Adjustment Act of 1935, “Congress has set forth a mandatory, and permanent, appropriation that stems from 30% of customs receipts on all imports from the prior calendar year.” Defendant’s Opp’n 5 [Doc. No. 18]. Much of this funding is appropriated for the Child Nutrition Program, but USDA has the authority pursuant to 7 U.S.C. § 2257 to authorize transfers of such funds discretionarily. Id. Indeed, USDA has done so recently to transfer funds to the WIC program.Accordingly, Defendants may also consider relying on these discretionary funds to fund the remaining SNAP shortfall.
https://legalinsurrection.com/2025/10/judges-tell-trump-admin-to-use-contingency-funds-to-partially-cover-snap/