A handful of states used the time lag between a rogue ruling by Rhode Island District Court Judge and major donor to Rhode Island Senator Sheldon Whitehouse, John J. McConnell, Jr., and that ruling being slapped down by the U. S. Supreme Court to make off with what would've been a 65 percent payment for the entire universe of Supplemental Nutrition Assistance Program recipients.
BACKSTORY
SNAP, which serves about 42 million low-income Americans and provides over $8 billion in monthly benefits, relies on annual congressional funding but includes a $5-to-$6 billion multi-year contingency fund carried over from the Consolidated Appropriations Act, 2024, to cover disruptions such as the current shutdown. The litigation over SNAP funding erupted as soon as Fiscal Year 2025 appropriations for the program expired on September 30. The Trump administration initially argued this reserve could not legally fund regular November benefits, leading to lawsuits claiming the suspension was unlawful under the Food and Nutrition Act.
- October 28-30: The battle begins. A coalition of 25 Democratic-led states and D.C. (led by NY AG Letitia James) sued USDA in Massachusetts federal court, arguing the agency must use contingency funds to avoid "arbitrary and capricious" disruption. Separately, nonprofits and municipalities (via Democracy Forward) sued in Rhode Island, seeking a temporary restraining order for full or partial benefits.
- October 31: Round One goes to the plaintiffs. U.S. District Judge Indira Talwani, overseeing the Massachusetts case, rules that the suspension is likely unlawful, ordering the USDA to report by November 3 on the use of reserves for at least partial benefits or other funds. That same day, Judge McConnell blocked a full cutoff, mandating the immediate use of the reserve fund. See Trump Announces Next Steps As Judge Orders USDA Funding, SNAP Deadline Looms on Saturday, Nov. 1 and Imperial Judiciary: Judges in 2 Separate Cases Order Trump Admin. to Use SNAP Contingency Funds.
- November 3: USDA announces partial funding plan, depleting the contingency reserve that will provide 65 percent of normal benefits. Read: Trump Administration Steps in to Fix SNAP Disaster Created by Dithering Democrats – RedState
- November 6-7:Judge McConnell ups the ante and orders complete restoration by November 7, citing USDA's "failure to consider harms" to recipients and Trump's "intent to defy" prior orders via social media; see Federal Judge Orders USDA to Fully Fund SNAP Program – RedState. A First Circuit appeals court upholds this, denying the USDA's request for a stay. The USDA appeals to the Supreme Court, arguing that courts cannot compel spending beyond reserves without risking child nutrition programs like WIC and school lunches.
- November 7: Supreme Court Justice Ketanji Brown Jackson, of all people, grants a temporary administrative stay, blocking full payments pending review, siding with the administration's separation-of-powers claim. My colleague Becca Lower has the full story on that; see UPDATED: Supreme Court Issues Stay in Response to Trump Admin Emergency Appeal of SNAP Case.
Before we move forward, a word about Judge McConnell. McConnell is a hardcore liberal Democrat. He's a major funder of Senator Sheldon Whitehouse. He was on the Finance Committee for a Hillary Clinton campaign, a six-figure Democrat donor, and a Planned Parenthood Board member. And he has a demonstrated animus against President Trump. There is no reason for the SNAP cases to be brought in Rhode Island other than that my deceased dog could have written the winning brief in a case opposing Trump if McConnell were the judge. Early in the Trump administration, McConnell referred to Trump as a tyrant as he ruled that the federal government could not pause federal grants. Not only should a suit against USDA not have been brought in Rhode Island, but McConnell, in my view, should have been barred from hearing any cases involving the administration.
BACKGROUND:
NEW: Federal Judge Makes Ruling Against Trump Admin That Might As Well Be a 'Soft Coup' – RedState
The real news here was not the First Circuit agreeing that a single federal judge can assume the powers of both Congress and the President, because, of course, they did. It wasn't even Justice Ketanji Brown Jackson relying on law rather than feelings to arrive at a judicial order that was shorter than "War and Peace." The real story was the rapaciousness of many state governments.
SHENANIGANS
In the few hours between the Trump administration appealing Judge McConnell's decision to take appropriation authority on himself and the Supreme Court disabusing him of that notion, several states took their full allocation of SNAP benefits and loaded beneficiaries' EBT cards. This is how Solicitor General D. John Sauer describes it in the administration's plea for a stay of McConnell's order.
Hours after the district court issued its temporary restraining order last night, and before the government could even seek appellate relief, Wisconsin—one of the plaintiff States—immediately updated its issuance file to demand 100% SNAP benefits. The USDA system rejected the file because the government had not yet had an opportunity to comply with the just-issued TRO. But the processor moved forward, resulting in Wisconsin currently overdrawing its letter of credit by $20 million. Press Release, Gov. Evers Announces Evers Administration Immediately Moves to Ensure Nearly 700,000 Wisconsinites Receive November FoodShare Payments in Full, https://content.govdelivery.com/accounts/WIGOV/bulletins/3fa64f4 (Nov. 6,2025). Kansas “issued full November benefits” today this same way. SNAP Benefits,https://www.dcf.ks.gov/Agency/Pages/2025-Federal-Government-Shutdown.aspx(last visited Nov. 7, 2025). And at least some California recipients have received full November benefits. Californians Are Beginning to See Cash on Their SNAP cards,https://www.gov.ca.gov/2025/11/06/californians-are-beginning-to-see-cash-on-their-snap-cards-following-major-win-against-the-trump-administration/ (last visited Nov.7, 2025). That run on the funds prevents States that have not yet requested their65% allotments under the prior TRO to receive them.
It wasn't just Wisconsin, Kansas, and California.
These states did full SNAP benefits before this ruling:
— Cytosine🔻 (@CytosThoughts) November 8, 2025
Wisconsin
Oregon
Hawaii
California
Kansas
New Jersey
Pennsylvania
Washington
Massachusetts
Colorado
New York
Minnesota
North Carolina
Officials in several states made it clear that they asked for their full allocation and immediately distributed it to prevent a federal clawback. As Sauer wrote in his appeal, “Once those billions are out the door, there is no ready mechanism for the government to recover those funds.”
In fairness, it is not clear that all states that received the full draw of federal funds have distributed it. In Colorado, for instance, the state was only able to give full benefits to 32,000 of the more than 600,000 Coloradans on SNAP before the Great SNAP Robbery was ended. What is clear is that for every state that fully funds its SNAP program, other states will receive less.
In a fair and just world, the Trump administration would dock future payments to the states that pulled this stunt. The Department of Justice should criminalize this overt theft and hold the bureaucrats and politicians responsible to account. In reality, it won't happen because the combined Congressional delegations from those states have more clout than you, the taxpayer.
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