Dive Brief:
- Twenty-five states and Washington, D.C., are suing the USDA, claiming that the agency unlawfully suspended SNAP benefits during the ongoing government shutdown, the office of the New York Attorney General Letitia James announced Tuesday.
- The coalition, which also includes Massachusetts, California, Kentucky and Illinois, argued that the administration’s refusal to issue November SNAP payments violates federal law because the USDA is required to continue providing benefits as long as it has funding.
- The lawsuit comes just days before millions of SNAP participants are set to lose access to their food nutrition benefits.
Dive Insight:
The USDA has posted a notice on its website saying that it will not issue SNAP benefits on Nov. 1, due to the government shutdown. The lawsuit brought by the 25 states and Washington, D.C., claims this would mark the first time SNAP benefits would be delayed, potentially making millions of program participants food insecure.
The most recent USDA data shows nearly 42 million people participated in SNAP and received an average of $188 in May. The coalition claims that a suspension of SNAP funding would harm their states, which collectively have over 22.4 million residents participating in SNAP.
The lawsuit, filed in the U.S. District Court for the District of Massachusetts on Tuesday, stated that not only is the suspension unlawful, but also that the USDA has access to at least $6 billion in contingency funds appropriated by Congress — enough “to fund all, or at least a substantial portion, of November SNAP benefits.” The lawsuit said the USDA has appropriated funds to temporarily fund WIC, but has not used that same authority when it comes to SNAP.
“USDA’s claim that the SNAP contingency funds cannot be used to fund SNAP benefits during an appropriation lapse is contrary to the plain text of the congressional appropriations law,” the lawsuit stated.
The coalition noted that a loss of SNAP funds could harm retailers, result in a loss of economic activity and potentially erode people’s trust in the food nutrition program, as well as increase costs for state and local governments as people rely on emergency services and public programs, like food pantries.
In addition to the USDA, the suit named as defendants Agriculture Secretary Brooke Rollins, the Office of Management and Budget and that department’s director, Russell Vought. The OMB did not immediately respond to a request for comment on the lawsuit. In a response to a request for comment on the lawsuit, the USDA did not address the lawsuit or the allegations.
The coalition is asking the court to declare the USDA’s suspension of November SNAP payments unlawful and is seeking a temporary restraining order to direct the USDA to put available contingency funds toward November SNAP benefits for the plaintiffs.
