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25 States Sue USDA Over Impending SNAP Suspension Amid Government Shutdown
A coalition of Democratic leaders from 25 states has filed a lawsuit against the U.S. Department of Agriculture (USDA) in an attempt to prevent the suspension of the federal Supplemental Nutrition Assistance Program (SNAP), commonly known as food stamps. The benefits, crucial for millions of Americans, are expected to cease nationwide this weekend due to the ongoing government shutdown.
The lawsuit, lodged Tuesday in a Massachusetts district court, contends that the USDA is legally obligated to continue providing SNAP benefits during the shutdown, citing available funding. The plaintiffs are urging the court to compel the USDA to utilize contingency funds, previously appropriated by Congress, to sustain the program.
Up to 42 million individuals depend on SNAP assistance, with recipients typically expecting their EBT cards to be reloaded on November 1st. However, the USDA’s website indicates that the agency will not allocate additional funding while the shutdown persists. This unprecedented situation has raised concerns about widespread hunger across the country.
Among the plaintiffs are the attorneys general from 22 states and the District of Columbia, along with the governors of Kansas, Kentucky, and Pennsylvania.
“Millions of Americans are about to go hungry because the federal government has chosen to withhold food assistance it is legally obligated to provide,” stated New York Attorney General Letitia James, one of the plaintiffs. “SNAP is one of our nation’s most effective tools to fight hunger, and the USDA has the money to keep it running.”
James and her fellow plaintiffs argue that the USDA’s refusal to allocate contingency funds violates the Food and Nutrition Act, which safeguards access to SNAP benefits. They further allege that the USDA’s actions are arbitrary and capricious, thereby infringing upon the Administrative Procedure Act. The leaders are seeking a temporary restraining order to mandate the USDA maintain SNAP benefits through November in their respective states.
When approached for comment on the lawsuit, a USDA spokesperson issued a statement: “We are approaching an inflection point for Senate Democrats. Continue to hold out for the Far-Left wing of the party or reopen the government so mothers, babies, and the most vulnerable among us can receive timely WIC and SNAP allotments.” (WIC refers to the Special Supplemental Nutrition Program for Women, Infants and Children, which is also facing a potential funding shortfall due to the shutdown.)
Should SNAP benefits be suspended, it would mark the first time in the program’s 60-year history that the federal government halted their issuance during a shutdown.
During a news conference regarding the lawsuit, California Attorney General Rob Bonta, a plaintiff, asserted that the USDA possesses up to $6 billion in contingency funds, sufficient to cover SNAP benefits for November. “They are doing this on purpose.
It is deliberate. It is intentional.
They have the funds. They’re just not using them,” he declared.
Bonta also noted that the USDA acknowledged during the 2019 government shutdown that contingency funds could be utilized to maintain SNAP benefits.
A September planning document, drafted by the USDA in anticipation of the current shutdown, also indicated the potential use of multiyear contingency funds to cover SNAP benefits and support state operations. However, this document has since been removed from the USDA website, and the department recently informed SNAP directors that it lacked sufficient funding to provide full benefits in November if the shutdown continues.
In a subsequent memo, the USDA stated that contingency funds were “not legally available to cover regular benefits.” It clarified that these funds were earmarked for specific situations like natural disasters and could not supplement regular monthly benefits because Congress has not passed a federal budget. The department added that transferring money from other sources would reduce funding for school meals and infant formula.
As October funding for SNAP was allocated prior to the shutdown, benefits have not yet been disrupted. However, most states have cautioned SNAP recipients that they will lose access to benefits at the beginning of November. Some states are already advising recipients to visit food banks or to use any remaining benefits to purchase shelf-stable items.
During Tuesday’s news conference, California Gov. Gavin Newsom criticized Republican governors for not joining the lawsuit, noting that “the impacts in their states, ironically, are disproportionate.”
Conversely, the USDA website attributes the blame to Democrats: “Senate Democrats have now voted 12 times to not fund the food stamp program,” it states, referencing the ongoing standoff over the 2026 federal budget. “Bottom line, the well has run dry. At this time, there will be no benefits issued November 01.”