Democrats are preparing to sue the Trump administration for its decision not to use a $5 billion contingency fund for the Supplemental Nutrition Assistance Program (SNAP) amid the government shutdown, which could jeopardize food aid for 42 million Americans next month. The lawsuit, according to three sources, is being planned by dozens of Democratic attorneys general and governors, who argue the administration’s refusal to tap the fund is a legal violation. The administration’s Friday memo concluded that they cannot legally access the contingency fund during the shutdown to ensure benefits for November, even though $9 billion is needed to cover SNAP payments for the month.
Administration officials are aware that their legal determination is likely to be challenged in court, and there are no serious efforts underway to find alternative funding sources for SNAP, as reported by POLITICO. However, some GOP lawmakers, particularly those whose constituents are affected by a lapse in federal food benefits, are advocating for a legislative patch to prevent the aid from cutting off. Senate Republicans are divided on whether to vote on a standalone bill to keep SNAP beneficiaries from losing assistance, with many arguing that Democrats will be at fault if the Friday deadline passes without a fix.
Senate Majority Leader John Thune has argued that the best way to fund SNAP is for Democrats to vote to reopen the government, although he said GOP senators would discuss the issue during their Tuesday policy lunch. However, some Senate Republicans, including those within Thune’s leadership circle, are publicly saying that Congress needs to fund SNAP regardless of the overall government funding situation, to prevent the aid from lapsing before Thanksgiving. Shelley Moore Capito, a Republican from West Virginia, has publicly supported the idea of a standalone SNAP bill, as her constituents are heavily reliant on the program.
Senate Appropriations Chair Susan Collins and a handful of other Republican senators have signed on to a bill from Senator Josh Hawley to fund the program, and they are pushing for a vote this week. Collins has also written to Agriculture Secretary Brooke Rollins, strongly recommending the use of the $5 billion contingency fund. However, Republican and Democratic aides believe a SNAP carve-out vote could pass in the Senate, but it would require all 100 senators to agree to fast-track it to the floor. Privately, Republicans are concerned that allowing a standalone vote on food aid could relieve key pressure on Democrats and potentially prolong the shutdown.
Speaker Mike Johnson has been trying to avoid bringing the House back into session to send the bill to Trump’s desk, which would be necessary if the Senate passes a standalone SNAP bill. Sen. Markwayne Mullin (R-Okla.) has suggested that reopening the government would be a quicker way to address the issue, as he stated he would support opening the government back up. Overall, the situation highlights the political tensions surrounding the government shutdown and the potential impact on vulnerable populations who rely on federal food assistance programs.