• This week, twenty-five US states and the District of Columbia (DC) filed suit in the US District Court of Massachusetts against the US Department of Agriculture (USDA) and US Office of Management and Budget (OMB), arguing that the agency’s decision to suspend Supplemental Nutrition Assistance Program (SNAP) benefits amid the ongoing government shutdown is an abuse of discretion. 
  • The coalition seeks a declaration that the impending November 1 suspension is “both contrary to law and arbitrary and capricious under the Administrative Procedure Act.”  The complaint states that Congress has appropriated $6 billion for the SNAP contingency fund and that USDA also has access to a Section 32 fund that are available to cover the November benefits.  The complaint goes on to state that, “[s]uspending benefits will ultimately transfer costs to state and local governments and community organizations, as families increasingly rely on emergency services and public safety net programs, such as local food pantries.”
  • SNAP is a mandatory entitlement program that provides roughly 42 million US residents an average of $187/month in food aid.  The program costs roughly $8 billion/month to fund, which is allocated through annual congressional appropriations.  As we previously reported, various groups have already reached out to USDA, urging USDA Secretary Brooke Rollins to use all available resources to avoid disruptions to SNAP.  Currently, the USDA SNAP webpage includes a banner stating that the “well has run dry” and blaming Senate Democrats for USDA’s decision not to send out benefits on November 1.
  • In a memorandum provided to NPR, USDA stated that SNAP contingency funds “are only available to supplement regular monthly benefits when amounts have been appropriated for, but are insufficient to cover, benefits.”  Those contingency funds are intended by law “for use only in such amounts and at such times as may become necessary to carry out program operations.”
  • Plaintiffs seek a temporary restraining order enjoining the suspension of SNAP benefits and have requested an emergency hearing, which is scheduled for October 30, 2025.  Keller and Heckman will report any developments with this lawsuit.