One day before the funds for the Supplemental Nutrition Assistance Program (SNAP) were set to expire due to the government shutdown, two federal judges ordered President Donald Trump's administration to use contingency funds to cover the aid.

The Federal Judge John McConnell of Rhode Island ordered the Department of Agriculture (USDA) to promptly distribute the money owed to beneficiaries of the program. “The court, orally at this time, orders the USDA to distribute the contingency money in a timely manner, or as soon as possible, so that the November 1st payments can be made. The $6 billion in contingency funds are allocated funds that are undoubtedly necessary for the operation of the program. The government shutdown through the suspension of funds does not eliminate SNAP. It merely eliminates its funding. 

There could be no greater need than a total ban on funds for the program's operations,” the judge stated. McConnell believes that suspending SNAP funding is arbitrary and would likely cause irreparable harm, so the best course of action is to find sufficient resources to keep the program running even after the government has been shut down for 31 days. “There is no room for “There is no doubt, and it is indisputable, that irreparable damage will begin to occur—if it hasn't already—due to the terror caused in some people by the uncertainty about the availability of funds to buy food for their families,” he emphasized. 

McConnell's order came moments after Indira Talwani, the Boston judge overseeing the states' case, issued a similar order requiring the government to explain how it will use the contingency funds by Monday at the latest. “In essence, the defendants' conclusion that the USDA is legally prohibited from funding SNAP because Congress has not approved new appropriations for the current fiscal year is erroneous. On the contrary, The defendants are legally obligated to use the previously allocated SNAP contingency reserve when necessary and also have the discretionary power to use other previously allocated funds,” he wrote. 

Although the federal government can finance the November shortfall using Section 32, which provides funds from customs revenue, both judges agreed that the administration has discretion to decide whether or not to do so. In fact, the government shutdown put nearly 42 million people at risk of losing food assistance that has been provided for decades. Although the SNAP program has an estimated $6 billion contingency fund to cover contingencies or disruptions, this amount is less than the nearly $9 billion the program requires. 

Earlier this month, the Trump administration diverted $300 million in tariff revenue to keep the nutrition program running. Supplemental nutrition education, which provides nutritious food, nutrition education, breastfeeding support, and referrals to health services for pregnant, postpartum, or breastfeeding women, and infants and children up to five years of age from low-income and nutritionally vulnerable families, is known as (WIC).