Shutdown Day 38: Supreme Court blocks SNAP funding

WASHINGTON — A U.S. Supreme Court justice late Friday sided with the Trump administration by ordering a pause in the distribution of full amounts of November food aid, even as Gov. Kathy Hochul had earlier directed agencies to begin processing those benefits to 3 million low-income New Yorkers.

The immediate, emergency administrative stay that was issued by Justice Ketanji Brown Jackson around 9:30 p.m. did not directly address the legal merits of the issues in dispute, a prominent battle during the record-breaking U.S. government shutdown.

More than 160,000 Long Islanders receive assistance to buy groceries under the program, among 42 million recipients nationally — 1 in 8 Americans.

But Brown Jackson’s stay temporarily blocked lower court orders from Thursday and earlier Friday evening requiring the Trump administration to make full November payments under the Supplemental Nutritional Assistance Program (SNAP), previously known as food stamps.

"This decision is a tragedy for the millions of Americans who rely on SNAP to feed their families," New York Attorney General Letitia James said in a statement after the stay was issued. "It is disgraceful that the Trump administration chose to fight this in court instead of fulfilling its responsibility to the American people."

What happens now under the temporary stay won by the administration is unclear as the issue goes back to a lower court to consider the arguments. In a social media post after the Supreme Court stay, Hochul said only: "Trump fought for this. He doesn't care if millions of Americans go hungry."

The decision by Hochul and other governors earlier to issue full November SNAP benefits came after word Friday from the U.S. Department of Agriculture, which oversees the food aid, that money would start flowing for the program again.

"We expect the first New Yorkers to begin having access to their benefits starting Sunday," Hochul said in a statement Friday, the 38th day of the government shutdown.

In a memo offering guidance to states, Patrick Penn, deputy undersecretary of Food, Nutrition and Consumer Services, had  said FNC is "working towards implementing November 2025 full benefit issuances" of SNAP, to comply with a U.S. District judge’s decision on Thursday.

But as states like New York, Kansas, Pennsylvania and Oregon began fully resuming the food program, Trump administration lawyers were back in court, arguing that during the shutdown, the government should not turn to reserve funds to keep the funding at full levels.

By early evening, they were handed a second legal defeat in as many days in their fight to limit the funds going out. The U.S. Court of Appeals for the First Circuit refused to delay the full funding order from the judge the night before.

But late Friday, Jackson issued her order to block those orders, at least temporarily.

Other developments in the shutdown stalemate Friday included a new offer by Senate Democrats to resolve one of their central demands: that the renewal of expiring health tax credits be part of any deal to reopen agencies.

But the idea floated by Senate Minority Leader Chuck Schumer (D-N.Y.) — a one-year extension of those subsidies and a plan to continue broader talks next year — was quickly shot down by Republicans.

And a day that began with optimistic talk regarding negotiations closed with no hint, at least publicly, of real progress. A GOP bill written to ensure federal employees and active duty military troops get paid during the shutdown also got bogged down over Democratic concerns that President Donald Trump would not — like the SNAP benefits — follow what Congress passed.

The SNAP developments were the day's biggest storyline, though.

A typical monthly amount of SNAP benefits that goes out in New York is approximately $640 million. The individual SNAP allotment is typically placed on an Electronic Benefits Transfer (EBT) card, and the benefits can be used to purchase groceries.

Meanwhile, Trump, speaking to reporters at the White House on Friday, continued to press Senate Republicans to eliminate the 60-vote filibuster threshold, which would allow major pieces of legislation including the short-term spending bill to pass without Democratic votes.

"If we terminate the filibuster, the country will be open within 10 minutes after that termination," Trump said when asked about potential off-ramps for the shutdown.

Asked by a Newsday reporter what his push to scrap the filibuster meant for the prospect of bipartisanship over his next three years in office, Trump said: "If we terminate the filibuster, we will have the most productive three years in the history of our country. If the filibuster is not terminated, then we will be in a slog with the Democrats, and very little for either party will be done."