More than two dozen Democratic attorneys general and three Democratic governors sued Tuesday to block the suspension of November food aid during the federal government shutdown, filing their complaint in Massachusetts federal court. The case, Massachusetts v. USDA, is posted via the U.S. District Court filing. The lawsuit asks a judge to require the government to issue Supplemental Nutrition Assistance Program (SNAP) benefits despite the lapse in regular appropriations.
According to the U.S. Department of Agriculture, roughly 42 million people will not receive November SNAP benefits because annual funding expired Oct. 1. The department says contingency funds “are not legally available to cover regular benefits,” warns that diverting other accounts would jeopardize school meals and WIC, and notes that states cannot pay benefits upfront and seek reimbursement later. USDA also told states on Oct. 10 to hold November issuance files.
Plaintiffs argue the administration cannot halt a mandatory entitlement due to a political impasse and say the suspension would hit one in eight U.S. residents who rely on SNAP’s average monthly benefit. They also point to the department’s unusually political language—“the well has run dry”—used in public messaging about the shutdown.
USDA maintains the fastest way to resume payments is for Congress to pass a funding measure. The court will consider whether the agency’s actions conflict with SNAP’s statutory structure and federal obligations during a lapse.
This is a developing story. We’ll update as the case progresses.
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