Trump administration asks Supreme Court to block order on releasing SNAP benefits
A federal judge had ordered the administration to release full benefits for November. The administration said Friday it was working to release those benefits.
November 7, 2025 at 7:08 p.m. ESTToday at 7:08 p.m. EST
By Mark Berman
The Trump administration asked the U.S. Supreme Court on Friday evening to pause a judge’s order directing it to release November food assistance benefits in full, escalating a legal battle over whether federal officials will deliver the funds.
The request came after the administration said earlier Friday it was working to release the benefits to comply with the court order, suggesting that the money was going to be dispersed. But in its filing, the Justice Department said the high court’s intervention was needed to keep billions of dollars from being sent out that could not be easily recovered.
The developments came amid ongoing court fights over Supplemental Nutrition Assistance Program (SNAP) benefits, which have been in limbo during the federal government shutdown and the Trump administration’s resistance to use other funding to foot the bill.
SNAP benefits, which are the country’s largest anti-hunger program, provide aid to about 42 million people, mostly children, the elderly and adults with disabilities. The funding holdup has left families across the country in a state of agonized uncertainty as they wait for aid.
A federal judge Thursday ordered the Trump administration to release the full benefits for November, writing that he “found that irreparable harm would occur if millions of people were forced to go without funds for food.”
In his order, U.S. District Judge John J. McConnell Jr. in Rhode Island directed the administration to make full payments by Friday by using other funds. He also admonished federal officials for opting to make partial payment, saying they knew this would only further delay getting aid to people.
“Such conduct is more than poor judgment; it is arbitrary and capricious,” wrote McConnell, who was appointed by President Barack Obama.
The Trump administration has said the lack of funds for SNAP benefits is due to “congressional failure” and argued against tapping other pools of money. In court papers, the Justice Department said the administration was declining “to raid an entirely different program” that would lead to a shortfall in funding school meals.
The Justice Department appealed to the U.S. Court of Appeals for the 1st Circuit, asking the judges to pause McConnell’s orders. A three-judge panel with that court declined Friday evening to temporarily stop his order but said it was still weighing a request to pause his ruling pending an appeal.
With the appeal still pending, the Agriculture Department signaled its plans to adhere to McConnell’s ruling in a notice sent to states on Friday.
The Agriculture Department was “working towards implementing November 2025 full benefit issuances in compliance” with the order and “will complete the processes necessary to make funds available” later Friday, wrote Patrick A. Penn, deputy under secretary for Food, Nutrition and Consumer Services within the department.
The Agriculture Department shared a copy of Penn’s notice with The Washington Post. The agency did not respond to follow-up questions, including whether the administration planned to continue its appeal of the order to release the full benefits.
Before the administration petitioned the Supreme Court, the North Carolina Department of Health and Human Services said it received notice Friday afternoon that the Agriculture Department “will fully fund November” SNAP benefits. In a statement Friday afternoon, the North Carolina agency said as it “works with federal partners to get the remainder of November processed, beneficiaries could see the additional funds” on their cards potentially by this weekend.
State officials sought to figure out Friday what to make of the evolving landscape regarding the benefits. One official called it “a rapidly shifting situation.”
A spokesperson for the Missouri Department of Social Services said that agency anticipated people in the state will start receiving their SNAP benefits by the middle of next week. The timeline will remain the same whether people are receiving partial or complete benefits, the spokesperson said.
Other officials, meanwhile, had said they were moving ahead to hand out benefits or preparing to do so. The office of Oregon Gov. Tina Kotek (D) said in a statement that at her direction, the state’s Department of Human Services had “worked through the night to issue full November benefits by Friday morning so families across the state can access the food they need.”
The plaintiffs in the court case — a group that includes nonprofits and several cities warning they will have to divert resources to support families that rely on SNAP aid — had said the Trump administration’s arguments about the funding “callously disregard the grave harm” facing millions of people without the benefits.
“For an entire week now, these families have gone without urgently needed assistance to meet their basic nutritional needs,” they wrote in a court filing Friday.
In court papers, plaintiffs in the case said granting even a brief stay of McConnell’s order could severely hurt the public.
Millions of people will go hungry without SNAP benefits, they wrote. And the problems expand outward, they continued, writing that organizations and cities trying to help fill the gap are facing staffing strains and struggling to provide resources and help in other areas.
In its appeal to the 1st Circuit, the Justice Department castigated McConnell for his order, writing that he was making “a mockery of the separation of power” by directing government officials to transfer funds from one food-security program to another.
“Courts hold neither the power to appropriate nor the power to spend,” the Justice Department wrote. “Courts are charged with enforcing the law, but the law is explicit that SNAP benefits are subject to available appropriations.”
Attorney General Pam Bondi criticized McConnell as well, writing on social media that his order was “utterly lawless” and urging the appeals court “to get courts out of the business of deciding how to triage scarce funds during a shutdown.”
McConnell, in his order, expressed incredulity at the Trump administration’s argument that it could not tap other funding sources, writing the administration was prioritizing “a hypothetical disruption in child food assistance” that could occur next May, if at all.
“It defies belief” that the administration would focus on that potential funding disruption in the future “over the very real and immediate risk of children being deprived of their food assistance today,” McConnell wrote.
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