DOJ Steps in to Fight Rhode Island Federal Judge Order to Fully Fund SNAP in November

Details

By Shaun Griswold

November 07, 2025

The U.S. Department of Justice requested a pause on an order by a federal judge in Rhode Island to fully pay 42 million Americans their food aid benefits by the end of Friday, a move that could further delay recovery from reduced or non-payments in November to the Supplemental Nutrition Assistance Program.

 The matter at hand would not stop the payment process currently underway to move $6 billion from a contingency fund the United States Department of Agriculture had to activate due to the federal government shutdown, and required two federal judges orders to spend down for direct food aid to SNAP recipients.

After the court wrangled the USDA to move dollars from the contingency fund, the USDA first estimated the fund would cover just half of SNAP payments. It was a miscalculation by the USDA, it admitted in court, and was revised quickly to states responsible for getting payments to people. Now, the USDA said it is slated to cover up to two-thirds of SNAP payments for this month. 

In its request filed Friday morning, the DOJ said $5.25 billion was available in the contingency fund at the start of October to cover the food assistance program that has monthly operational costs between $8-9 billion.

The appeal came this morning a day after the U.S. District Court Judge John J. McConnell, Jr. ordered the government to fully fund SNAP payments in November, directing the USDA to transfer money from a fund created by Section 32 of the Agricultural Adjustment Act of 1935. Collected tariff’s fund Section 32 to pay for Child Nutrition Programs. 

This is where the divide to fully fund SNAP in November sits in court. 

The appeal was filed in the U.S. 1st Circuit of Appeals, where the judge will determine the next steps. Congress can also resolve the issue by ending the longest federal government shutdown in U.S. history.

Judge McConnell’s order states that the nonprofit groups and unions successfully  demonstrated harm caused by SNAP payments not going out Nov. 1, and that fully paying SNAP with the contingency fund and a mix of Section 32  is in their favor, “The balance of the equities and the public interest weigh strongly,” McConnell wrote in his order.

DOJ lawyers argued fully against using any Section 32 funds to cover SNAP losses. 

“There is no basis in law for the district court’s extraordinary injunction that directs an agency to deplete one program to fund another despite the lack of congressionally appropriated funds for the latter,” the Justice Department wrote.

The DOJ asked the judge for a response to its appeal by 4 p.m. today.

More Stories Like This