A federal judge said Friday a coalition of 25 Democratic states and Washington, D.C. is "likely to succeed" in a lawsuit to force the Trump administration to fund federal food assistance, which is set to run out on Saturday, during the government shutdown.
U.S. District Judge Indira Talwani in Massachusetts gave the administration until Monday to report back on how it plans to fund the program.
In a separate case brought in Rhode Island by a group of cities and non-profits, U.S. District Judge John J. McConnell required the Trump administration to use an already appropriated $6 billion contingency fund to pay benefits "as soon as possible" next month. McConnell also required the administration to report on its progress by Monday.
"SNAP benefits have never, until now, been terminated," McConnell said at a hearing. "And the United States has in fact admitted that the contingency funds are appropriately used during a shutdown and that occurred in 2019."
The rulings come as the Supplemental Nutrition Assistance Program, which serves 42.4 million Americans, is set to run out of funds Saturday for the first time in its 60 years as the government shutdown hits its second month.
"Bottom line, the well has run dry," the USDA said in a message on its website. "At this time, there will be no benefits issued November 1."
On Tuesday, the coalition of 25 states and Washington, D.C., led by Democratic attorneys general,
The funding lapse would force states to tap "their limited resources," the complaint said, adding that "suspending benefits will ultimately transfer costs to state and local governments and community organizations." The states asked for a temporary restraining order that would require the USDA, which oversees the program, to use $6 billion in contingency funds to cover benefits through November.
The Trump administration, in court responses, said the states lacked standing to bring the suit and that it could not legally transfer the contingency funds to the SNAP program.
Talwani ruled the states do have standing and the administration is wrong in its claim that it can't tap emergency funds to cover the program.
"At core, defendants' conclusion that USDA is statutorily prohibited from funding SNAP because Congress has not enacted new appropriations for the current fiscal year is erroneous," the judge said. "To the contrary, defendants are statutorily mandated to use the previously appropriated SNAP contingency reserve when necessary and also have discretion to use other previously appropriated funds."
The administration can decide now whether it wants to use only the $6 billion of contingency funds and reduce benefits, or use the additional discretionary funds to cover the shortfall, the judge said, ordering them to return to court with their decision by Monday.
The White House did not immediately say whether it plans to appeal. In an appearance on Fox News Friday, Trump's director of the National Economic Council Kevin Hassett criticized the ruling.
"We're about to use emergency funds from the Department of Agriculture because of a liberal judge ruling that we disagree in the law on, but then we don't have our emergency funds in case we have a hurricane, or we have an emergency," Hassett said.
As of May 2025, the latest month available on the
States and cities across the country have spent weeks preparing for freeze in SNAP aid by declaring emergencies and asking legislatures to tap reserves and redistribute state money to fund food banks. New York Gov. Kathy Hochul, a Democrat, after the rulings said the state remains "prepared for the worst."
Louisiana, Virginia, Delaware, New York and other states have declared states of emergency that allow them to tap reserve funds.
With the
"We have been fiscally responsible in the way that we have managed the affairs of our state government, which gives us an opportunity to be able to act with compassion and reason," Landry said in a press conference Wednesday. Of the Democratic-led lawsuit, Landry said, "Good luck; I don't think you're going to make it." Other states, like Virginia, that have been "fiscally disciplined" are going to be able to cover the payments, he said.
Virginia Gov. Glenn Youngkin, a Republican, has also
Massachusetts is taking $4 million from its emergency food bank program for local food banks, according to Gov. Maura Healey, a Democrat, who said the food banks are "expecting a huge surge in demand." The state typically would see its SNAP recipients receive $225 million in federal funds for the month.
California Gov. Gavin Newsom, a Democrat, has fast-tracked $80 million in state emergency funds for food banks across the state. New York's Hochul, who Thursday
States starting next year will pay additional costs from the SNAP program as the One Big Beautiful Bill Act increased the state share of administrative expenses to 75% from 50% and cut SNAP spending by roughly $300 billion over 10 years.
