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25 States and D.C. Sue USDA to Stop SNAP Suspension and Force November Payments

USDA says contingency reserves are off-limits during a funding lapse, a claim the multistate lawsuit seeks to overturn to keep benefits flowing.

Gwen Mootz (right) and Mckenzie Schoenhardt load food and turkeys into a vehicle during the St. Mary's Food Bank annual turkey distribution on Nov. 25, 2024, at the Knight Center Client Services Center in Phoenix.
Chef Eric Rivera of Puerto Rican Street Cuisine in Oakland is one of the local restaurant owners offering free food to SNAP recipients.
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A food group checklist is seen in the shopping cart of a patron at the St. Vincent de Paul Society Food pantry in Madison, Wis. An employee from St. Vincent’s helps people make selections, to make sure they are meeting the limits of each food group they are allowed to take. Most shoppers at the food pantry are eligible for FoodShare benefits, according to spokeswoman Lauren Cnare. Photo taken Aug. 31, 2017. Kruti Yellapantula / Wisconsin Watch

Overview

  • Plaintiffs filed in U.S. District Court in Massachusetts seeking a temporary restraining order and injunction compelling USDA to issue November SNAP benefits.
  • USDA has told states to hold November issuances and argues the $5–6 billion contingency reserve is not legally available for routine benefits during the shutdown.
  • The lawsuit contends contingency funds and other transfer authorities, including Section 32, can lawfully cover all or part of November payments and cites past shutdown guidance.
  • Roughly 40–42 million people face missed benefits starting Nov. 1, prompting food banks to scale up and states to weigh stopgaps, with California fast-tracking $80 million and deploying the National Guard.
  • With the shutdown in its fourth week, USDA says reopening the government is the only durable fix, leaving urgent court action and potential congressional funding as pending paths before the Nov. 1 cliff.