Otherwise, Supplemental Nutrition Assistance Program, or SNAP — the program formerly known as food stamps — would stop providing benefits to 42 million people starting Nov. 1 due to the ongoing government shutdown as a high-stakes tug of war continues between President Trump and congressional Democrats.
Talwani’s decision could have repercussions across the country. As has been the case with many of the more sweeping lawsuits against the Trump administration, it was filed in federal court in Massachusetts, where both the district judges and the 1st Circuit of Appeals are seen as more liberal.
At issue primarily is a multi-billion dollar pot of emergency funding allocated by Congress. The administration says it does not have access to this pot, in part because it’s tied to regular funding, which is currently stopped. In the hearing, DOJ lawyers also argued that they were not using the funding because it would require a massive reboot of the state systems that administer the benefits.
The overhaul needed to reprogram the systems could be “disastrous,” DOJ lawyer Jason Altabet said
“They would be spending money the government doesn’t have,” he said.
Lawyers for Attorney General Andrea Campbell’s office argued on behalf of the group of Democratic attorneys general. Michelle R. Pascucci, a state trial counsel from Campbell’s office, cited federal law that the government “shall” provide these benefits, and she said that the federal government was overblowing logistical issues.
“It will take time and it will cause some delays” to reprogram the systems she said, but added that it’s better to do that than waiting on a deadlocked Congress.
“It will make sure that people get benefits as soon as possible,” she said.
Pascucci argued a step further, that Talwani should order the U.S. Department of Agriculture, which oversees SNAP, to tap into another emergency fund as well that’s meant for other purposes.
“There is enough money” for full benefits, she said.
Talwani seemed less inclined to touch the second fund. She spent much of the end of the hearing focusing questions about what the government would do if ordered to use the main fund, which would result in partial benefits.
She said Congress has made clear through legislation how to handle reductions in benefits, which involves a thorough process that does not target geographic or political groups.
“It’s really clear what Congress was trying to do was protect the American people,” she said. Congress, she said, essentially said: “If you didn’t have the money, we’re going to tighten out belt, but we’re not just going to make everybody drop dead because there’s a political game.”
The administration notified states last week that it would not provide the $8 billion to fund SNAP benefits for November. But the lawsuit from the states asserts that the department has access to more than $28 billion that could be used to cover benefits.
California, Colorado, and Vermont have said they plan to contribute funds if USDA fails to come through, the Globe has reported.
Despite $8 billion in the state’s “rainy day” fund, Governor Maura Healey has said the state cannot afford to cover the estimated $240 million a month tab for SNAP benefits. Instead, she has asked residents to contribute to a United Way fund-raising effort to support food banks.
In Massachusetts, about 1.1 million people per month receive an average of $323 per household, according to the lawsuit. Some 32 percent of SNAP beneficiaries in Massachusetts are children, 31 percent are people with disabilities, and 26 percent are seniors, putting vulnerable populations most at risk of feeling the impact of the cuts.
Participation rates in the food assistance program vary widely by community, according to an analysis by the Globe using data from Boston Indicators, the research arm of the Boston Foundation.
In Brockton and Lawrence, more than one-third of residents receive SNAP benefits, while in wealthier suburbs, such as Carlisle and Concord, fewer than 3 percent of residents are enrolled.
With food insecurity increasing to COVID-era levels and resources declining, the loss of SNAP benefits could press low-income families already reeling from rising costs related to inflation and tariffs to a breaking point, the Globe has reported.
Sean Cotter can be reached at [email protected]. Follow him @cotterreporter. John R. Ellement can be reached at [email protected]. Follow him @JREbosglobe.
