Federal District Court Judge Talwani has ordered the Trump regime to deliver at least some November SNAP (food) benefits. Unfortunately this does not mean that people will receive their benefits any time soon. https://storage.courtlistener.com/recap/gov.uscourts.mad.290958/gov.uscourts.mad.290958.26.0_6.pdf 1/ #LawFedi
Discussion
Loading...
I’m pretty sure the Trump regime will immediately seek a a stay of the order while the litigation proceeds. But even if not, Talwani has given the regime until Nov. 3 “allow Defendants to consider whether they will authorize at least reduced SNAP benefits for November.” So no benefits until at least the middle of next week. (More abt Talwani’s opinion in this 🧵but a reminder to see my pinned posts to join in Mastodon for Hunger relief.) 2/
Talwani explains the mechanics of the SNAP program. I’m going to recap a bit, because SNAP is typical in how intertwined state, federal and even private parties are in the distribution of government benefits. When I advocate that blue state govts reassert their sovereignty, a big part of that is blue states disentangling themselves from federal benefits programs, freeing up their money for distribution to their own residents or to a new collective of states committed to const democracy. 3/
@heidilifeldman
I henceforth call for the #bluealliance
@heidilifeldman I'm completely making this up as I go along, but would a multi-state food aid compact be something viable? Decide not to participate in SNAP and instead put the funds toward this new program?
I think that risks letting SNAP collapse at the federal level and abandoning red state folks in need, but when the federal level is being held hostage, when do you stand on principal and when do you help who you can?
USDA relies on state agencies to process SNAP applications, certify eligibility, calculate the benefits each household eligible for. Currently, SNAP requires $8.6 billion monthly, $8.2 bill to fund the actual benefits, $450 mill to cover administrative costs incurred by states. 5/
@heidilifeldman mill should be bill here
USDA conveys funds to states via daily letters of credit. Each month states prepare benefit issuance files that contain each SNAP recipient’s benefit amt. State then sends this to 3rd party vendors who load these amounts onto recipients’ electronic benefit transfer cards. The cards are then ready for people to use to buy food. 6/
3rd party vendors pay food retailers daily for all SNAP transactions. The vendors then reimburse themselves by withdrawing money from states’ USDA-funded letters of credit.
To avoid a rush of food shopping at any one time, states generally stagger the issuance of benefits through the first 3 weeks of each month. 7/
Congress has not passed a regular appropriations bill for FY 2026. But in 2024 Congress appropriated $6 billion to SNAP through Sep 30, 2026, to be placed in reserve. These are the contingency funds the Trump regime is refusing to release. Rather than use what is available, the Trump USDA announced it is suspending ALL funding for November, claiming “contingency fund is not available to support FY 2026 regular benefits, because the appropriation for regular benefits no longer exists.” 8/
2+ more replies (not shown)
Mechanics of SNAP: Congress appropriates funds for benefits annually (fiscal years). This annual appropriation consists “mostly of one-year base funds and sets aside a portion of the appropriation as three-year money for contingency funds.” 4/
@heidilifeldman
I think this is unlikely to result in people actually getting their benefits, but it is *incredibly* bad optics for the Trump admin to fight in court not to feed people.
People already aren't buying the ruling party blaming the opposition party & now Trump is actually going to go to court to insist that people should starve?
Not a great look.