The Supplemental Nutrition Assistance Program (SNAP), formerly known as the Food Stamp Program, provides nutrition assistance to over 42 million Americans, including children, seniors, and individuals with disabilities. Historically, SNAP benefits have been protected during government shutdowns, ensuring uninterrupted support for vulnerable populations. However, on October 10, 2025, Acting Associate SNAP Administrator Ronald Ward issued a memorandum directing states to withhold SNAP benefits for November 2025. That marked the first time in the program’s history that benefits have been delayed due to a lapse in appropriations. More recently, on October 24, 2025, USDA issued a memorandum advising that the “contingency fund is not available to support FY 2026 regular benefits, because the appropriation for regular benefits no longer exists.” This statement represents a flip-flop from USDA’s Lapse of Funding Plan, issued during late September, which stated “Congressional intent is evident that SNAP’s operations should continue since the program has been provided with multi-year contingency funds that can be used for State Administrative Expenses to ensure that the State can also continue operations during a Federal Government shutdown” and these “contingency funds are also available to fund participant benefits in the event that a lapse occurs in the middle of the fiscal year.”
Of note, the memorandum, as well as USDA’s website, blames Congressional Democrats for the shutdown and the lack of appropriations for November 2025 SNAP benefits. This partisan use of governmental resources likely violates the Hatch Act, which prohibits federal employees from using their official capacities to interfere with elections; whether the Office of Special Counsel takes action appears to be unlikely, including because it has no permanent Special Counsel and President Trump’s nominee, Paul Ingrassia, withdrew his name from consideration after racist text messages he sent became public.
To date, eight states have advised that they intend to provide nutrition assistance to SNAP beneficiaries adversely impacted by the shutdown. However, given the massive costs – $8 billion each month, no state other than Louisiana has proposed to fully fund SNAP benefits for residents. USDA’s October 24, 2025, memorandum also stated that no provision exists for reimbursement for states that cover the cost of SNAP benefits. Additionally, last week, Senator Josh Hawley (R-MO) introduced the Keep SNAP Funded Act of 2025. If passed, that bill would provide “uninterrupted benefits under the Supplemental Nutrition Assistance Program (SNAP) during any period in which legislation has not been enacted to provide continuing or full-year FY2026 appropriations to USDA.” The bill also provides for appropriations for retroactive payments for SNAP benefits that were missed on or after September 30, 2025.
Earlier today, 22 states, the District of Columbia, and the Governors of Kansas, Kentucky, and Massachusetts filed a lawsuit in federal court in Boston against the United States Department of Agriculture (USDA), USDA Secretary Brooke Rollins, the Office of Management and Budget (OMB), OMB Director Russell Voight, and the federal government challenging the suspension of SNAP benefits for November 2025. The Complaint alleges violations of the Administrative Procedure Act (APA) and seeks to compel the USDA to reverse its decision and immediately release November benefits using available funds.
The Plaintiffs argue that the USDA’s decision to suspend SNAP benefits violates federal law, which mandates that SNAP benefits be provided to all eligible households. The Complaint contends that the USDA has access to $6 billion in contingency funds specifically appropriated for SNAP benefits during Fiscal Year 2026 (which started on October 1, 2025), as well as additional funds under Section 32 of the Agricultural Adjustment Act of 1935, which funds could cover November benefits. Despite these available resources, the USDA has refused to utilize them, citing legal and operational constraints that the Complaint alleges are unfounded and contrary to congressional intent. The Complaint alleges that USDA’s failure to release the contiengency and Section 32 funds violates the APA, is illegal, arbitrary and capricious, and an abuse of discretion.
The Complaint argues that USDA’s suspension of SNAP benefits has already caused and will continue to cause significant harm to states, their residents, and retailers. States are required to continue administering SNAP programs, incurring substantial costs without the ability to deliver benefits. Many states have allocated emergency funds to food banks and other safety net programs to address the anticipated surge in food insecurity. The Complaint also cites to 7 U.S.C. § 2027(b) which provides that “[i]n any fiscal year, the Secretary shall limit the value of those allotments issued to an amount not in excess of the appropriation for such fiscal year.” While Congress has not appropriated any funds for FY26, the Complaint points to the $6 billion in contingency funds specifically appropriated by Congress for the SNAP program, as well as the Section 32 appropriations that would, in total, be sufficient to fully fund the $8 billion needed to provide November 2025’s SNAP benefits to more than 42 million Americans.
While the U.S. District Court for the District of Massachusetts is expected to be a friendly venue, it is not entirely clear that states and governors have standing to sue or that they will be able to demonstrate that they (as opposed to SNAP beneficiaries) have sustained the irreparable harm required for preliminary injunctive relief. While the Complaint notes that there will be collateral impacts on public health, education, local economies, and the erosion of trust between state agencies and SNAP recipients, these allegations are somewhat speculative. Whether the district court will grant the requested injunctive relief and require USDA to belatedly disburse the contingency and Section 32 funds remains to be seen; in the meantime, the nutritional needs of one in eight Americans hangs in the balance.