States sue US Department of Agriculture over SNAP funding suspension News
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States sue US Department of Agriculture over SNAP funding suspension

Twenty-six states sued the US Department of Agriculture (USDA) on Tuesday in the US District Court for the District of Massachusetts for the department’s suspension of the Supplemental Nutrition Assistance Program (SNAP) during the current government shutdown.

The USDA sent a letter to the states on October 24, 2025, suspending the allotment of SNAP benefits because the government shutdown has prevented the passage of a new appropriations bill providing such funding. SNAP is a government assistance program that “provides important nutritional support for working families with low-paying jobs, low-income older adults (60 years and older) and people with disabilities living on fixed incomes, and other individuals and households with low incomes.” The program currently serves over 40 million people.

The complaint submitted to the District Court alleges that the USDA is obligated to continue funding SNAP through the use of two contingency funds. Congress created the first contingency fund in 2024, providing $3 million to be used “in such amounts and at such times as may become necessary to carry out program operations.” The second fund, referred to as Section 32, is based on 7 USC § 612(c). The states argue that when funding is available, including through contingency funds, the law requires the USDA to make SNAP payments.

The USDA rejected the idea of using contingency funds in a separate memorandum issued on October 24. The memorandum states that contingency funds can only be used when an appropriations bill has been passed, but proves insufficient to cover benefits. Because no appropriations bill has been passed to end the government shutdown, the department argues it cannot use the contingency fund. The USDA also argues it should reserve the contingency fund for other programs that address issues such as natural disasters. The states counter that no such restriction on the contingency funds exists, noting that the USDA has used them for similar purposes in the past.

There is growing support in Congress for a standalone bill that would continue funding SNAP during the government shutdown. Republicans in the US Senate have been stating publicly that they could be open to such a plan, which Democrats would likely support.

The case is scheduled for its first hearing on Thursday.

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