Lead: The Trump administration asked the Supreme Court on Friday to intervene after a federal appeals court refused to pause a lower-court order that had required the government to pay full Supplemental Nutrition Assistance Program (SNAP) benefits during the federal shutdown. Justice Ketanji Brown Jackson temporarily stayed the lower-court order to allow the First Circuit to rule, saying she expected a swift decision. The legal contest comes as several states move to restore full benefits amid widespread confusion. The dispute is one of several high-profile legal and policy fights unfolding during the 38-day shutdown.
Key Takeaways
- The administration filed an emergency application at the Supreme Court after the First Circuit declined to impose an immediate stay; Justice Ketanji Brown Jackson issued an administrative stay to give the appeals court time to act.
- Judge John J. McConnell Jr. of Rhode Island ordered the government to tap additional Agriculture Department accounts to make full SNAP payments; the administration appealed that order.
- Roughly one in eight Americans relies on SNAP; several states (including New York, Massachusetts, Pennsylvania, Oregon, California, Michigan, Wisconsin) began processing full benefits despite legal uncertainty.
- An appeals court denied a last-minute bid to halt full payments but reserved the right to issue a stay later; the Supreme Court was asked to decide within hours on Friday.
- The SNAP fight unfolded alongside other rulings: a federal judge permanently blocked National Guard deployments to Portland, and a separate district judge found the Education Department had used furloughed employees’ emails for partisan messaging.
- Justice and administrative reactions intensified: state attorneys general, governors, and legal advocates moved to protect benefits while the Justice Department framed the lower-court relief as an overreach of judicial power.
Background
The dispute arises from the prolonged federal government shutdown, now in its 38th day, which has interrupted routine federal operations and created funding questions for programs like SNAP. Congress created SNAP emergency and tariff-funded accounts that, by the government’s own accounting, held enough money to cover November benefits, but the White House declined to fully deploy those funds in recent weeks. Advocates, local governments and nonprofit groups sued, arguing the administration had a legal duty to preserve benefit levels.
In the Rhode Island case, a coalition of cities, faith groups and nonprofits argued the administration’s partial payments would leave millions without food. District Judge John J. McConnell Jr. twice ordered the government to use additional Agriculture Department accounts to fund SNAP in full. The administration countered that a district court could not compel the Executive to spend in particular ways and emphasized Congress’s central role over federal appropriations.
Each federal circuit has an assigned Supreme Court justice; Justice Jackson oversees the First Circuit and entered a temporary administrative stay Friday evening. The appeals court in Boston began expedited review, and the government escalated to the Supreme Court, asking it to rule within hours. The rushed timetable reflects both the human stakes—families, seniors and children depend on SNAP—and the constitutional claims about separation of powers and executive spending authority.
Main Event
Last week, Judge McConnell directed the Agriculture Department to tap two accounts that would allow states to pay full SNAP benefits for November. The department initially opted for partial payments, prompting the court’s order to use additional funds. On Friday the First Circuit declined to impose an immediate stay of that order; within hours the administration sought Supreme Court review. Justice Jackson then entered an administrative stay, pausing the lower-court order while the appeals court considers the merits and expedited timeline.
The result has produced a patchwork of state responses. Several governors—Democratic and Republican—announced steps to ensure residents received their full SNAP allotments. New York’s governor directed state agencies to restore full benefits, and Massachusetts said it would move to release full payments ahead of weekend deliveries. Some state officials reported isolated problems—retailers uncertain whether to accept EBT cards and vendors reprogramming benefit loads.
Federal officials argued in court filings that mandating specific spending would imperil the separation of powers, calling the judge’s remedy tantamount to the judiciary appointing itself a trustee over limited federal funds. The administration described its approach to budgeting during the shutdown as a broader assertion of executive discretion exercised in other spending decisions this year. Legal opponents said the government had available, designated SNAP reserves that it could and should deploy to avert hunger.
The legal fight over SNAP was only one of several decisions on Friday. In Oregon, Judge Karin J. Immergut issued a 106-page ruling permanently blocking the National Guard federalization that sought to send troops to Portland to protect an ICE facility, finding the deployment exceeded presidential authority under the Tenth Amendment. Separately, a federal judge in Washington found the Education Department unlawfully used furloughed employees’ official email accounts to disseminate partisan messages, ordering the removal of those messages.
Analysis & Implications
The SNAP litigation tests the boundaries between judicial remedies and executive discretion in times of political standoff. Courts are being asked to weigh statutory obligations and available appropriations against the Executive Branch’s claims of constrained authority during a shutdown. If the appeals court or Supreme Court sides with the district courts, it may set a precedent allowing judges to order the use of specific administrative funds in future shutdowns; a contrary ruling would bolster claims of executive latitude in allocating scarce resources.
Beyond legal doctrine, the case has immediate human consequences. SNAP serves roughly one in eight Americans; delayed or reduced payments translate into fewer groceries, longer food pantry lines and harder choices for households on fixed incomes. The states that moved ahead to restore benefits illustrate how federalism can blunt administrative pauses—but also how a lack of uniformity can cause confusion for retailers and recipients.
Politically, the dispute escalates pressure on lawmakers. Senate Democrats offered a one-year extension of health-care subsidies as an off-ramp to end the shutdown; Republicans rejected the proposal, prolonging the standoff that spawned the SNAP litigation. The intersection of court orders, state actions, and partisan negotiation means judicial outcomes reverberate in Congress and at the ballot box, where public attention to hunger amid government closure adds electoral salience.
Comparison & Data
| Measure | Figure / Note |
|---|---|
| Length of shutdown | 38 days (ongoing) |
| SNAP reach | About 1 in 8 Americans |
| Cattle supply | 75-year low (context: higher beef prices) |
| States restoring full SNAP | Multiple (NY, MA, PA, OR, CA, MI, WI among others) |
These data underscore the stakes: the shutdown’s duration compounds operational strains, while SNAP’s broad reach means millions are affected by funding decisions. Agricultural market conditions—cattle inventories at multi-decade lows and record consumer beef prices—add economic and political context to related administration actions and public statements.
Reactions & Quotes
“I expect the appeals court to move with dispatch and issue a decision swiftly.”
Justice Ketanji Brown Jackson (administrative stay order)
Justice Jackson’s short comment framed the immediate procedural step: a temporary hold to let the First Circuit consider the parties’ emergency filings on an expedited schedule.
“These deployments exceeded the president’s authority.”
Judge Karin J. Immergut (Portland National Guard ruling)
Judge Immergut’s 106-page opinion concluded that federalizing National Guard troops in Oregon violated the Tenth Amendment and rejected the government’s depiction of the protests as a rebellion that would justify Title 10 action.
“While the federal administration continues to play political games, my office is taking action to ensure New Yorkers who receive SNAP can put food on the table.”
New York Attorney General Letitia James (statement)
State officials and attorneys general have publicly criticized the administration’s approach and, in some cases, pursued enforcement steps to protect recipients and hold vendors accountable.
Unconfirmed
- Reports that some grocery stores broadly refused E.B.T. payments were reported to state attorneys general; the scale and geographic breadth of refusals remain under review and not uniformly verified.
- Claims by the administration that taping specific department accounts would create a constitutional crisis are legal assertions contested by courts and not yet finally resolved.
- Allegations of illicit collusion in meatpacking pricing raised by the president have been publicly stated; as of Friday there was no publicly released, court-adjudicated evidence substantiating criminal price-fixing claims.
Bottom Line
The emergency appeal to the Supreme Court is a high-stakes procedural gambit with acute human consequences: timely SNAP funding affects millions who depend on monthly benefits. Courts are being asked to answer not only statutory questions about the proper use of departmental reserves, but also broader constitutional disputes about judicial remedies and executive discretion during a funding standoff.
For now the outcome hinges on a fast-moving appeals calendar. States that have acted to restore full benefits offer temporary relief, but a definitive ruling from the First Circuit or the Supreme Court will shape how future shutdowns affect essential programs. Policymakers in Congress remain the ultimate actors who can prevent such disruption—either by ending the shutdown or legislating a clearer allocation of emergency funds.