New York AG James and other attorneys general gain temporary order in SNAP legal battle as Trump goes to Supreme Court

Amid a legal battle over the states' ability to pay SNAP benefits during the government shutdown, New York Attorney General Letitia James and 25 attorneys general  and governors won a temporary court order stopping the Trump administration from halting the food program payments and threatening to claw back any funds released. 

In an earlier virtual news conference, James accused the administration of being "callous" and "cruel" in its position that the SNAP benefits or food stamps can't be paid during November while the government is shutdown. 

"We are here today to announce a motion of a temporary restraining order we filed in our case challenging the U.S. Department of Agriculture's unlawful attempt to withhold Supplemental Nutrition Assistance Program funding, SNAP funding, from more than 41 million Americans," said California's Attorney General Rob Bonta before the latest court ruling.

The Trump administration has asked the Supreme Court to rule Tuesday on whether it can keep SNAP benefits on hold and claw back any SNAP payments the states may have given out, the latest in the legal fight over the food stamp program.

Last week, the administration said it would use an emergency reserve fund to provide 65% of the maximum monthly benefit but Thursday, Rhode Island-based U.S. District Judge John J. McConnell Jr. ordered full funding for SNAP benefits by Friday.

When New York and other states began to pay out benefits, the Trump administration said they were not authorized and wanted the money back, prompting the Democratic attorneys general to file the suit and ask for a temporary restraining order from a federal appeals court. Trump, who has blamed the situation on Democrats, then appealed to the nation's highest court, even as lawmakers indicated Sunday that negotiations for ending the shutdown are progressing.

“It should not take a court order to know that feeding kids is the right thing to do, yet the federal government continues its cruel effort to cut off food assistance...I am relieved that the courts have once again shut down this administration's pro-hunger crusade," James said in a statement after the latest ruling.

Meanwhile, advocates say New York food pantries are running out of supplies since SNAP benefits were halted earlier this month. Officials had to stop the payment process they had started again based on lower court rulings.

"The whiplash the president and USDA Secretary Brooke Rollins have given Americans in recent weeks, the steps they've taken to prevent vulnerable families from putting food on the table are unnecessary, unconscionable and unlawful," Bonta said.

The demand for a temporary restraining order came Sunday night "after the Trump administration sent states a late-night memo directing them to 'immediately undo' the release of SNAP benefits," according to a news release from James' office.

In addition to Bonta and James, the other attorneys general on the call announcing the suit were Minnesota's Keith Ellison and New Jersey's Matthew Platkin. 

James said of SNAP recipients: "We are fighting for their dignity. We are fighting for their survival. ... We're standing shoulder to shoulder against the federal government's callous and repugnant cruelty."

Ellison said: "If there is one through line here, it is that Donald Trump and his administration have been fighting tooth and nail not to feed hungry Americans. ... The Trump administration has had many opportunities to do the right thing to feed people in need. And time and time again they make the deliberate choice not to do so."

An email from Newsday seeking comment from the White House was not immediately returned.

James also alerted New Yorkers that if they find a retailer who won't accept their EBT cards, which have their SNAP allotments on them, to lodge a complaint with the attorney general's office. People can file a consumer fraud complaint online at ag.ny.gov.

With The Associated Press.

By Olivia Winslow

olivia.winslow@newsday.com@newsollie