The US Supreme Court extended its previous order Tuesday night that blocked a lower federal court’s order requiring the Trump administration to fund the Supplemental Nutrition Assistance Program (SNAP) through November. The extension will last through November 13.
The one-page ruling stated only that the prior order granting an administrative stay would be extended through November 13 and that Justice Ketanji Brown Jackson would have denied the extension. On November 7, Justice Jackson granted the initial administrative stay which temporarily allowed the Trump administration to not make SNAP payments while the government is shut down until the 1st Circuit Court of Appeals ruled on the issue. This stay blocked the lower court’s ruling that the administration was required to use contingency funds to make SNAP payments for November until the government reopened. The initial stay was meant to last until 48 hours after the 1st Circuit Court of Appeals issued a decision. This extension adds an additional 48 hours to the clock.
The extension comes amid progress in Congress to ending the shutdown. The Senate passed a bill that would fund parts of the government through January, including SNAP. The bill became possible after seven Democrats joined Republicans to reach the 60-vote majority required to pass it. The House of Representatives is now set to vote on the legislation. If the shutdown ends, as now seems likely, the case will become moot, as the government will be able to fund SNAP through the normal appropriations process.
The Trump administration maintains that the administrative stay is necessary to allow the political branches to negotiate on the shutdown without interference from the courts. The plaintiffs counter that any further delay of SNAP funding will prolong irreparable harm to those who rely on those payments for food.