Trump administration appeals order to fully pay SNAP food assistance in November

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Federal Judge John McConnell ruled that the Trump administration’s argument against fully funding SNAP aid in November was “impossible.” Vice President J.D. Vance criticized the ruling, calling it “absurd.”

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The Trump administration is appealing a judge who ordered states to provide the full amount of SNAP food assistance benefits by Nov. 7.

The Justice Department filed a notice of appeal on Nov. 6, the same day federal Judge John McConnell of Rhode Island ordered the administration to pay states in full for November’s SNAP benefits within one day. On Nov. 7, it asked the U.S. Court of Appeals for the First Circuit to halt McConnell’s order by 4 p.m. EDT.

“There is no legal basis for an order directing[the USDA]to somehow find $4 billion in a metaphorical couch cushion,” the administration said in its request.

McConnell has directed officials to use a combination of emergency funds and other funds he says are available to pay the full amount during the federal government shutdown.

The administration previously told McConnell it would not exercise discretion to use non-emergency funds to pay the full November bill. The group said in a Nov. 6 court filing that Congress intended these other funds to go toward child nutrition programs, and that they would face an “unprecedented and significant shortfall” if those funds were directed to SNAP benefits.

Mr. McConnell ordered the government to make the full payment only after the government said it would not do so voluntarily.

The judge said in his order that any disruption to child food assistance is “hypothetical” and is not expected to occur before May 2026, “if at all.” Congress could replenish those funds by May, he noted.

By contrast, failure to pay SNAP food assistance creates a “very real and immediate risk that children will be deprived of food assistance today,” McConnell wrote.

McConnell ruled that the administration’s claims were “contrary to the evidence and so implausible that they become arbitrary and capricious.” In other words, the administration’s decision is likely to conflict with a law called the Administrative Procedure Act, which restricts the actions of administrative organs. He then ordered the administration to pay the full amount of SNAP benefits.

But in seeking a stay of McConnell’s order, the administration said the law did not apply to decisions regarding the fund, and even if it did, the decisions were “eminently reasonable.”

“The SNAP Act does not contain any mandatory language that directs us to raid other USDA programs to fund SNAP shortfalls,” according to the filing.

Prior to the application, Vice President JD Vance He denounced the decision as an “unreasonable ruling” on November 6, telling reporters: “In the middle of a government shutdown, you can’t have a federal judge dictate to the president how he has to triage the situation.”

Mr. Vance seemed to suggest that the government might not comply with the order.

“We’re trying to stay active as much as possible,” he said. “The president and the entire administration are working on it, but we’re not going to do it based on a federal judge’s order.”

Contributor: Joey Garrison/USA TODAY

This article has been updated to add additional information and correct the date of Vice President J.D. Vance’s statement. It was November 6th.

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