A Supreme Court justice has temporarily paused a lower court's ruling requiring the Trump administration to fully fund the Supplemental Nutrition Assistance Program for the month of November by the end of the day Friday.
In an order late Friday night, Justice Ketanji Brown Jackson said the pause will remain in effect until the 1st U.S. Circuit Court of Appeals issues a judgment on the matter. Jackson is the justice assigned to emergency applications out of the 1st circuit, and her order did not refer the matter to the full Supreme Court.
Earlier Friday, the Court of Appeals denied a request by the Trump administration for an administrative stay pausing the order to fully fund SNAP. The Trump administration responded by asking the Supreme Court to intervene.
As the court battle played out through the day Friday, at least nine states had already begun issuing SNAP benefits under the direction of the federal agency that operates SNAP.
The U.S. Department of Agriculture, which operates SNAP, told states Friday afternoon that it was working toward paying full November SNAP benefits.
A letter from the USDA stated that "later today, FNS will complete the processes necessary to make funds available to support your subsequent transmittal of full issuance files to your EBT processor."
A group of local governments and nonprofits had urged the Court of Appeals to keep in place an order requiring the Trump administration to fully pay for November SNAP benefits during the ongoing government shutdown.
The Trump administration had asked the circuit court to issue an emergency stay of U.S. District Judge John McConnell Jr.'s ruling Thursday ordering the administration to fully fund the SNAP by today, saying they are saving additional funds to pay for child nutrition programs known as WIC.
At issue was whether a federal judge can compel the government to use $4 billion from Section 32 of the Agricultural Adjustment Act Amendment of 1935 to fund November SNAP benefits.
In his request to the Supreme Court, Solicitor General John Sauer wrote, "Given the imminent, irreparable harms posed by these orders, which require the government to transfer an estimated $4 billion by tonight, the Solicitor General respectfully requests an immediate administrative stay of the orders pending the resolution of this application by no later than 9:30pm this evening."