Trump Admin Presses SNAP Appeal in Supreme Court, Even as Shutdown’s End Appears Imminent

Earlier this afternoon, we posted my piece hoping that the apparent end of the government shutdown would also end the controversy over the Trump administration’s withholding of November benefits under the Supplemental Nutrition Assistance Program (SNAP). It appears that is not to be.

The Washington Post reports that, after the First Circuit ruled against the administration on Sunday night, Justice Ketanji Brown Jackson, who is the Circuit justice for emergency appeals out of that jurisdiction, asked the Justice Department whether the administration planned to press its request that the Supreme Court intervene. Solicitor General D. John Sauer reportedly told Justice Jackson that the administration would indeed press its appeal.

The administration is asking the Court to stay the temporary restraining order (TRO) issued last week by Judge John J. McConnell Jr. of the federal district court in Rhode Island. The TRO directed the U.S. Department of Agriculture (USDA) to make the full November payment for SNAP benefits, around $8 billion. The First Circuit upheld Judge McConnell’s TRO on Sunday night.

Because there is not enough in the contingency fund that Congress has provided for SNAP shortfalls, the administration would have to tap funds from other USDA programs. Although this is expressly authorized by relevant statutes — e.g., as most often proposed, funds could be withdrawn from so-called Section 32 funds for child nutrition programs — the administration contends that the amounts that would have to be withdrawn would jeopardize these other USDA programs.

The First Circuit related that there was $6 billion in the contingency fund as of early October 2025. It has been reported that at this point, only $4.65 billion may remain. Hence, to pay out $8 billion for SNAP, the amount withdrawn from other USDA accounts could be closer to $4 billion than $2 billion. Whatever the amount is, the accounts would be replenished when the shutdown ends.

The Post notes that last Friday night, before Justice Jackson issued a brief administrative stay, the USDA had told states it was working on releasing the full funds pursuant to Judge McConnell’s order. But after the stay was issued, the USDA reversed course, admonishing the states to undo any steps they’d taken to issue payments to beneficiaries — threatening that states would lose funding if they did not comply.

Jackson’s administrative stay is set to expire tomorrow — i.e., 48 hours after the First Circuit’s refusal to stay McConnell’s temporary restraining order (pending appeal). Obviously, she imposed the 48-hour window in the hope of persuading her colleagues on the Supreme Court to rule on the matter promptly if (a) the First Circuit ruled against the administration, and (b) the administration decided to press its appeal to the justices. That point has been reached.

Given that the apparently imminent legislation to end the shutdown would fully fund SNAP (presumably for all of FY 2026), I thought the end of the shutdown would induce the administration to simply pay the November SNAP benefits and end its appeal. But although the shutdown is likely to end, it’s not a done deal; even if it happens soon, it may not happen until after tomorrow. The administration is thus asking the Court to grant a longer stay, presumably until the shutdown is over.

I doubt the Court will agree under the circumstances. I believe the justices will deny the stay and allow McConnell’s TRO, directing the payment of the November benefits, to go into effect — with the understanding that, in the unlikely event that Congress’s negotiations break down and the shutdown persists, that can be dealt with in connection with December SNAP payments.