Hunger on the Line: States Fight to Keep Food Benefits Flowing

A major legal battle is unfolding as 25 states take the U. S. Department of Agriculture (USDA) to court. The goal? To prevent a halt in food assistance for millions of Americans. This comes as a federal government shutdown looms, threatening to cut off funding for the Supplemental Nutrition Assistance Program (SNAP). The lawsuit, filed in a Massachusetts federal court, argues that the USDA has the money and the legal duty to keep food benefits coming, even during a shutdown. Without intervention, up to 42 million people could face hunger starting this Saturday. This would mark the first time in the program's 60-year history that payments would stop. New York Attorney General Letitia James slammed the situation, stating, "Millions of Americans are about to go hungry because the federal government has chosen to withhold food assistance it is legally obligated to provide. " The lawsuit, supported by 22 states' attorneys general and the governors of Kansas, Kentucky, and Pennsylvania, seeks a temporary restraining order. This order would force the USDA to use existing contingency funds to keep benefits flowing through November. California Attorney General Rob Bonta believes the USDA has about $6 billion in reserve, enough to cover benefits for another month. He accused the USDA of deliberately withholding funds, stating, "They are doing this on purpose. It is deliberate. It is intentional. They have the funds. They’re just not using them. " The plaintiffs argue that the USDA is violating the Food and Nutrition Act and the Administrative Procedure Act. The former governs the continuation of benefits when funding is available, while the latter prohibits arbitrary decisions by federal agencies. In response, a USDA spokesperson claimed the department's hands are tied. They argued that contingency funds are typically reserved for natural disasters, not routine benefits. Redirecting these funds could impact school meal and infant formula programs. However, Bonta pointed out that the USDA's 2019 shutdown plan acknowledged the use of multiyear contingency funds to maintain benefits temporarily. This language has since disappeared from the USDA website. SNAP funding for October was already approved before the shutdown, allowing payments to continue this month. But without federal action, the USDA says no additional funds will be issued in November. Some states have already started warning residents to prepare for the funding halt by stocking up on non-perishable foods or seeking help from local food banks. At a recent news conference, California Gov. Gavin Newsom criticized Republican governors for not joining the lawsuit. He noted that the impacts in their states are disproportionately affected.