While Trump was having his lavish “Let them eat cake” Gatsby party at Mar-A-Lago, SNAP food benefits were fixing to run out on Nov 1. A number of states attorney generals filed a lawsuit against USDA, Brooke Rollins (of Glen Rose) and Russell Vought. Note that no Republican attorney general joined this so I guess they don’t give a hoot about helping their state citizens. PDF Here’s part of that filing.
INTRODUCTION
- For decades, low-income Americans have relied on the Supplemental Nutrition
Assistance Program (SNAP) to put food on the table.- Across various previous federal government shutdowns, SNAP benefits have
never been interrupt- Until now: earlier this month, Defendant U.S. Department of Agriculture
(USDA) suspended SNAP benefits for November.- Because of USDA’s actions, SNAP benefits will be delayed for the first time
since the program’s inception.- Worse still, USDA suspended SNAP benefits even though, on information and
belief, it has funds available to it that are sufficient to fund all, or at least a substantial portion, of
November SNAP benefits.- Suspending SNAP benefits in these circumstances is both contrary to law and
arbitrary and capricious under the Administrative Procedure Act.- USDA’s suspension of SNAP benefits is irreparably harming Plaintiff States—a
harm that increases every day SNAP benefits are delayed.- Plaintiff States are therefore forced to seek this Court’s intervention to forestall
further irreparable harm from USDA’s illegal action.B. SNAP benefits are appropriated entitlements.
- Congress has provided that “[a]ssistance under this program shall be furnished to
all eligible households who make application for such participation.” 7 U.S.C. § 2014(a).- Additionally, Congress requires that participating States implement plans of
operation requiring States to “promptly determine eligibility of each applicant . . . so as to
complete certification of and provide an allotment retroactive to the period of application to any
eligible household not later than thirty days” after applying. 7 U.S.C. § 2020(e)(3). And where an
applicant is especially impoverished, the state plan of operation must provide “that the State
agency shall . . . provide benefits no later than 7 days” after applying.” Id. § 2020(e)(9).- Congress also declared it to be its policy that SNAP would “increas[e] food
purchasing power for all eligible households who apply for participation.” 7 U.S.C. § 2011.- Further, Congress has provided that SNAP benefits are “obligations of the United
States within the meaning of section 8 of Title 18.” 7 U.S.C. § 2024(d).- Congress has also elsewhere treated SNAP as a form of “direct spending” distinct
from “discretionary appropriations,” the latter of which are “budgetary resources (except to fund
direct spending programs) provided in appropriation Acts.” 2 U.S.C. § 900(c)(7), (8).- In sum, it is well-understood that, as the Government Accountability Office
explained earlier this year, “SNAP is considered an appropriated entitlement, meaning that the
government is legally required to make payments to those who meet the program requirements”
and that “USDA’s liability [extends to] the availability of appropriations for these payments.I. USDA SUSPENDS SNAP BENEFITS FOR MILLIONS OF AMERICANS
DESPITE THE AVAILABILITY OF CONTINGENCY FUNDS.
A. Congress appropriates $6 billion to USDA for use as a SNAP-specific
contingency fund.
- In March 2025, Congress passed the Full-Year Continuing Appropriations and
Extensions Act, 2025 (139 Stat. 9, P.L. 119-4), which extended funding of most facets of the
U.S. government, including SNAP benefits, through the end of Federal Fiscal Year (FFY)
2025—September 30, 2025.- These regular appropriations lapsed on September 30 and, as of the date of this
filing, Congress has not passed an annual appropriations bill funding SNAP benefits for the
current fiscal year.- On information and belief, USDA funded normal SNAP benefits for issuance in
the month of October 2025 with the appropriations that expired on September 30 on the basis
that, because States sent the October issuance files in September, those benefits were obligated in
FFY 2025 and were therefore funded by FFY 2025 appropriations.- While Congress has not yet provided a regular annual appropriation for SNAP
benefits in FFY 2026, in 2024 it enacted an appropriations law funding $3 billion in a
contingency reserve to remain available through the end of FFY 2026 (September 30, 2026). The
appropriation law stated that the $3 billion “shall be placed in reserve for use only in such
amounts and at such times as may become necessary to carry out program operations.” See Pub.
L. No. 118-42, § 6, 138 Stat. 25, 93–94 (2024).- A continuing resolution in 2025 funded another $3 billion in a contingency
reserve for these same purposes, also to remain available at least through September 30, 2026.
See Pub. L. No. 119-4, § 1109(a), 139 Stat. 9, 13 (2025).- On information and belief, the first $3 billion and the second $3 billion were
available for expenditure as of October 1, 2025.- On October 2, 2025, OMB apportioned $750 million of the $3 billion
appropriation from March 9, 2024 (Pub. L. 118-42).7 On information and belief, OMB has not
apportioned any additional funds from the contingency reserve funds.- Less than a month ago, on September 30, USDA itself acknowledged in its own
shutdown contingency plan that SNAP “has been provided with multi-year contingency funds
that can be used for State Administrative Expenses to ensure that the State can also continue
operations during a Federal Government shutdown” and that “[t]hese multi-year contingency
funds are also available to fund participant benefits in the event that a lapse occurs in the middle
of the fiscal year.”- On information and belief, much of these contingency funds—if not all—remains
available to fund SNAP benefits and State administrative cost- Additionally, at least one other appropriated fund available to USDA has enough
money to fully cover November SNAP benefits. This fund, often referred to as “Section 32”
because it comes from Section 32 of the Agricultural Adjustment Act of 1935, see 7 U.S.C.
§ 612c et seq., has over $23 billion in it as of October 8.8 Earlier this month, USDA invoked its
authority under 7 U.S.C. § 2257 to use a portion of this money to fund the Women, Infants, &
Children (WIC) program during this government shutdown.- On October 10, however—despite having acknowledged congressional intent to
continue SNAP operations and the apparent availability of sufficient appropriations to fund
November benefits—USDA sent a letter to state SNAP agencies saying that “if the current lapse
in appropriations continues, there will be insufficient funds to pay full November SNAP benefits
for approximately 42 million individuals across the Nation” (“October 10 Letter”).- The October 10 Letter further stated that, “[c]onsidering the operational issues
and constraints that exist in automated systems, and in the interest of preserving maximum
flexibility,” USDA was “forced to direct States to hold their November issuance files and delay
transmission to State…..
You can read more of the PDF but suffice it to say that, especially since they carved out money to give to the farmers that Trump screwed, AND that the contingency funds were voted on BY CONGRESS, which is making a choice to keep govt (the House anyway) closed, Trump appears to be deliberately hurting needy Americans, all while dozing down part of the White House, building a huge ballroom which NO ONE BUT HIM asked for, and holding a lavish party (I’m not against anyone partying on Halloween if they want, but wow, it is NOT a good look to show him with dancing girls, including one in a champagne glass and living it up while Americans suffer. He also posted about refurbishing the Lincoln bathroom with gold and a chandelier.
Also have to wonder, did he do this on purpose to show what he intends to turn this big expensive ballroom he’s building at the White House and how it would be used for girlie partying? Side note that let’s not forget about the AI video he posted from his social media site that showed him dumping sh*t on Americans. Yeah.
I cannot think of anything more tone deaf than Trump's "Great Gatsby" themed flaunting of pure elitist avarice. As Americans face starvation, his administration faces sexual assault and corruption accusations, he gives billionaires a display of that greed, including young girls in cocktail glasses.
— The Bigotbasher (@thebigotbasher.bsky.social) November 3, 2025 at 5:19 AM
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The girl in the glass is someone's daughter. Plus, Trump is DEFINITELY in the Epstein files, meaning he and his long-time bestie molested, assaulted and/or raped children. Call Mike Johnson to demand that he step down. Republicans are on 5+ weeks of paid vacation w/ our tax dollars. 202-224-3121
— Black Cats 💙 (@blackcat1111.bsky.social) November 1, 2025 at 10:54 AM
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Moron Trump posted about his changes to a bathroom DURING THIS LAST WEEKEND. He’s also lying about the marble being used by Lincoln. Pfffff. Maybe he’s planning to rent it out to his under the cover donors, I mean WHO IS THIS FOR?
Trump has repeatedly criticised the previous design of the Lincoln Bedroom bathroom, which he said was done in “Art Deco” style. “Art Deco doesn’t go with, you know, 1850 and civil wars and all of the problems,” Trump told donors earlier this month. “But what does is statuary marble. So I ripped it apart and we built the bathroom. It’s absolutely gorgeous and totally in keeping with that time.”
Historians disagree. Edward Lengel, former chief historian at the White House Historical Association, said the remodel “doesn’t look anything like 1860s interiors.” Michael F. Bishop, former executive director of the Abraham Lincoln Bicentennial Commission, added that Lincoln’s bathroom was actually part of a sitting room and would not have featured marble.
If we can believe Donald Trump, even Pres. Abe Lincoln agreed with him about this one issue, as seen in this political cartoon by John Buss:
— RonSupportsYou (@ronsupportsyou.mastodon.social.ap.brid.gy) November 2, 2025 at 5:18 PM
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President Donald Trump’s administration faces deadlines on Monday to tell two federal judges whether it will comply with court orders that it continue to fund SNAP, the nation’s biggest food aid program, using contingency funds during the government shutdown.
The program serves about 1 in 8 Americans and is a major piece of the nation’s social safety net — and it costs about $8 billion per month nationally. Benefits will be delayed in November regardless of the outcome of the court cases because many beneficiaries have their cards recharged early in the month and the process of loading cards can take a week or more in many states.
The U.S. Department of Agriculture planned to freeze payments to the Supplemental Nutrition Assistance Program starting Nov. 1 because it said it could no longer keep funding it due to the shutdown. The USDA has a $5 billion contingency fund for the program, but the Trump administration reversed an earlier agency plan to use that money to keep SNAP running. Democratic officials argue that the administration could also use a separate fund of about $23 billion.
The situation leaves millions with uncertainty about how they will feed themselves.
“President Trump wants to make sure that people get their food benefits,” Bessent told Jake Tapper, who asked the secretary if the matter could be resolved by Wednesday, per the judge’s order.
“Could be,” Bessent replied.
Trump said Friday that he wanted more clarity from the courts before releasing funding for SNAP and stressed that he did not “want Americans to go hungry.”
That same evening, Trump was pictured attending a Great Gatsby-themed party at his Mar-a-Lago residence in Palm Beach, where he has spent the weekend.
Meanwhile, Americans across the country have been lining up at soup kitchens and food pantries.
And guess what. Brooke Rollins’s USDA sent letters to grocery stores who offered discounts to poor people to tell them they can’t. Again, LET THEM EAT CAKE.
Cruelty is always the point. If you think for one second Trump couldn’t fund SNAP than I’d say the red dye from your China hat has leaked into your squirrel brain.
— Blue Fairylicious Girl🧚 (@bluesnowflake.bsky.social) November 3, 2025 at 6:57 AM
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We could fund over four months of SNAP benefits with the $40 billion Argentina received.
— Hoodlum 🇺🇸 (@nothoodlum.bsky.social) November 3, 2025 at 8:12 AM
Brooke Rollins. The Pride of Texas A&M. If you can't enjoy your meal without knowing that millions of other people are starving, you're a disgrace to Texas A&M.
— Chuck Mamzic (@cardcatcher.bsky.social) November 3, 2025 at 5:47 AM
Incidentally, and I hate AI, but it’s absurd that a bunch of fake racist videos are being created AS WELL AS *reported* on by propaganda Fox *news*. Also- No, SNAP Benefits Aren’t Mostly Used by Immigrants Why does anyone watch Fox news, is it just to feed their own racism and bigotry, because IT AIN’T TRUE
Ugh. The right wing bullshit machine is pumping out and amplifying fake videos (Sora, AI) of Black people talking about SNAP benefits, videos oozing with racist stereotypes, to justify / distract from the real human suffering that the SNAP suspension is going to cause. www.tiktok.com/t/ZTMqbgpgj/
— Kate Starbird (@katestarbird.bsky.social) November 2, 2025 at 10:45 PM
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