Judges force USDA to tap SNAP reserves during shutdown

Courts reject USDA claim contingency funds unavailable

On October 31, 2025, U.S. District Judges John J. McConnell Jr. and Indira Talwani ruled that USDA must tap roughly $5.5 billion in SNAP contingency reserves—and consider an additional $23 billion pool—to continue benefits for about 42 million Americans despite the government shutdown (washingtonpost.com). McConnell demanded a plan “timely, or as soon as possible” to fund November 1 payments, and Talwani ordered USDA to report back by November 3 on whether it would authorize reduced or full disbursements; the agency had argued contingency funds were limited to disaster relief and unavailable for regular monthly SNAP costs, which total about $9 billion per month (washingtonpost.com).

Two federal judges ruled on Oct. 31, 2025, that the USDA could not lawfully suspend SNAP during the government shutdown and ordered the agency to use emergency reserve funds to continue payments. U.S. District Judge John J. McConnell Jr. (D.R.I.) and U.S. District Judge Indira Talwani (D. Mass.) directed the agency to report back to the courts by Monday, Nov. 3 on whether it would provide reduced November benefits from contingency funds or fully fund the program using available reserves. The USDA had argued the contingency reserves were not legally available for monthly SNAP benefits; judges rejected that construction but allowed the agency discretion about whether to pay partial or full benefits immediately.

Why this matters

Pausing SNAP threatened to cut off nutrition assistance for 42 million low-income people—many families and seniors—forcing impossible choices between groceries, rent and utilities (washingtonpost.com). USDA’s reversal of its October 1 lapse-of-funding plan on October 24 and removal of internal guidance illustrate how hunger can be wielded as political leverage in shutdown fights (dtnpf.com). Citizens can pressure state attorneys general to enforce court orders, monitor agency compliance through FOIA requests, support ongoing lawsuits and urge Congress to pass interim appropriations to prevent future shutdown-driven crises (apnews.com).

Core Facts

U.S. District Judge John J. McConnell Jr. (District of Rhode Island) and U.S. District Judge Indira Talwani (District of Massachusetts) issued rulings Oct. 31, 2025 that the USDA’s suspension of SNAP was unlawful and that the agency must consider using contingency funds to continue benefits; both courts asked the government to report back by Monday, Nov. 3. (Judge McConnell acted from the bench; Judge Talwani issued a written opinion calling the suspension "unlawful".)

The SNAP program serves roughly 41–42 million people and costs about $8 billion per month in aggregate; contingency reserves available to USDA for SNAP were reported by news outlets at about $5 billion, with an additional distinct reserve pool reported at roughly $23 billion.

Multiple lawsuits challenged the USDA action. A multistate suit (filed by a coalition of roughly 25 Democratic-led states plus the District of Columbia) was filed in Boston and assigned to Judge Talwani; a separate suit brought by municipalities, nonprofits, unions and businesses was filed in Rhode Island by Democracy Forward and the Lawyers’ Committee for Rhode Island (Rhode Island State Council of Churches v. Rollins).

The USDA had earlier posted and later removed guidance describing lapse-of-funding contingencies; contemporaneous reporting documents the removal of that guidance but does not confirm every reported internal-page count or exact deletion date cited in some drafts.

The court orders required the agency to consider tapping contingency funds and other available reserves to avoid a lapse, but both rulings recognized the practical delay and distribution logistics that could mean partial, late, or staggered payments to beneficiaries.

Key Actors

John J. McConnell Jr.

U.S. District Judge, District of Rhode Island

He ruled from the bench Oct. 31, 2025 that the USDA must use available contingency funds to support SNAP and asked the government for an update to the court by Monday, Nov. 3.

Indira Talwani

U.S. District Judge, District of Massachusetts

She issued a written opinion Oct. 31, 2025 finding the USDA suspension likely unlawful, ordering the agency to report by Monday on whether it would authorize reduced benefits from contingency funds or take steps to fully fund the program.

Donald J. Trump

President of the United States

He posted on social media Oct. 31 that he asked administration lawyers to seek legal clarification from the courts about whether and how SNAP could be funded during the shutdown, and he framed the dispute as requiring legal direction before releasing funds.

Skye Perryman

President and CEO, Democracy Forward

Her organization led the Rhode Island suit on behalf of municipalities, nonprofits, unions, and small businesses and publicly praised the court rulings as protecting vulnerable people dependent on SNAP.

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