Despite the Senate’s passage of a continuing resolution to fund the federal government through January 30, 2026, and the House’s likely passage of a similar bill later this week, the Trump Administration is continuing the legal fight over November’s SNAP benefits.
To recap recent events: Last Thursday afternoon, the Rhode Island federal judge issued a Second TRO compelling USDA to fully fund November’s SNAP benefits. That was promptly appealed by USDA to the First Circuit Court of Appeals in Boston, which affirmed the RI Order last Friday. The Trump Administration quickly asked the Supreme Court for emergency relief; Justice Jackson (who handles such requests for the First Circuit) granted the request and stayed the Order for 48 hours after the First Circuit issued its Order on remand.
Last night, the First Circuit Court of Appeals issued its opinion affirming the RI judge’s second Temporary Restraining Order (issued last Thursday).
Early this morning, Justice Jackson gave the Federal Government until 11am ET to advise if it will continue to seek a stay of the First Circuit’s opinion. If so, the Government needs to file its supplemental brief by 4pm and the Plaintiffs have until 8am tomorrow to file its response in opposition. A few minutes ago, the Solicitor General’s Office filed a letter advising that it will continue to prevent release of full November SNAP benefits.
While the Trump Administration’s decision may have merit from a legal perspective, it is extremely questionable from a policy perspective given the forthcoming end to the shutdown and the extreme havoc its positions and memoranda are causing states and retailers, especially those in states that have already released full November benefits.
Finally, in the Massachusetts case, a few minutes ago, Judge Talwani issued an Order granting the Plaintiffs’ further motion for TRO and staying USDA’s memorandum, dated November 8, 2025, directing states to immediately undo any steps taking to issue full SNAP benefits for November 2025. The Court also scheduled another hearing for 3:30 PM today.
OFW Law will provide further updates as events unfold.
OFW Principal Stewart Fried represents SNAP retailers nationwide before USDA and the federal courts
