November 8, 2025
Justice Jackson’s order directed the 1st U.S. Circuit Court of Appeals to move quickly on the request.
Supreme Court Justice Ketanji Brown Jackson ordered a stay pausing a lower court ruling to fund full Supplemental Nutrition Assistance Program (SNAP) benefits.
The stay was granted as the Trump administration appeals a ruling by lower courts that requires the government to resume SNAP disbursements. Justice Jackson’s order directed the 1st U.S. Circuit Court of Appeals to move quickly on the request.
Jackson, the liberal justice overseeing emergency appeals for states, noted that the 1st Circuit was expected to quickly decide on the administration’s request to block McConnell’s order. Some experts say Jackson’s move will allow a decision on SNAP benefits to be reached faster through the lower court than waiting for a Supreme Court ruling.
On Oct. 31, a federal judge ordered the administration to tap reserve funds to cover the $8-9 billion cost of SNAP benefits. Based on court filings, $3 billion of emergency funding is already allocated to pay for the program “at such times as may become necessary to carry out program operations.”
However, the Trump administration argues that though the $3 billion has been appropriately reserved, it is not enough to meet the full financial obligation. Thus, the federal government is directing states to lower benefit amounts as opposed to finding additional funding. Proposed funding would come from U.S. Child Nutrition Programs, which provides school lunches across the nation.
Plaintiffs in the case, multiple coalitions of municipalities and nonprofits including the Rhode Island State Council of Churches, National Council of Nonprofits, the Dr. Martin Luther King Jr. Community Center, et. al, argued before the court that delayed or partial payments could cause “irreparable harm,” especially for children and the elderly. USDA contingency funding covered only about 65 percent of the typical monthly benefit before the pause.
The program serves some 42 million Americans who are no longer receiving the supplement due to the federal government shutdown.
In its petition to the Supreme Court, the Justice Department argued that it would be a violation of congressional spending to use funds designated for child-nutrition programs to cover SNAP. Furthermore, the Justice Department argues that funding the program risks destabilizing other critical services.
In the filings, the agency calls the action an attempt to “starve Peter to feed Paul, by gambling school lunches tomorrow in exchange for more SNAP money today.”
As the appeals court considers the Trump administration’s appeal, Brown-Jackson’s stay order stops any premature disbursement of funds.
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