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First Circuit Backs Full November SNAP, but Supreme Court Stay Holds as States Fight Clawbacks

State attorneys general seek court protection to preserve payments already loaded to EBT cards during the shutdown funding dispute.

Overview

  • An appellate panel late Sunday refused to block a Rhode Island order requiring the administration to fund full November SNAP, citing harms to roughly 40–42 million recipients.
  • Justice Ketanji Brown Jackson’s temporary stay remains in place, and Solicitor General D. John Sauer told the Court the administration will seek a full stay with a supplemental brief due by 4 p.m. ET.
  • USDA told states full November issuances were “unauthorized” and to “immediately undo” them, warning of penalties and liability for overpayments.
  • A federal judge in Boston temporarily paused the USDA memo and set an emergency hearing for Monday afternoon as a multistate coalition moves to block clawbacks.
  • States are advising residents to use funds already on EBT cards and pursuing legal and practical safeguards, with Hawaii issuing $250 per person in state aid as Congress advances a deal that could restore federal funding and moot the case.