However, court proceedings could become moot as the Senate moves closer to ending the government shutdown, which would restore food aid funding.
The Trump administration told the Supreme Court on Monday that it intends to pursue a stay of a lower court order requiring federal officials to distribute full food stamp benefits in November.
The move comes after the 1st Circuit Court of Appeals turned down the administration’s attempt to avoid paying for the entirety of the Supplemental Nutrition Assistance Program, which serves nearly 42 million Americans, as the government shutdown drags on.
The court proceedings, however, could become moot as the Senate appears poised to vote to reopen the government later this week, which would fully fund the program.
Justice Department attorneys said in the filing that they plan to submit a supplemental brief to the high court by 4 p.m. Monday. The administration has maintained that it can only provide partial benefits to SNAP recipients using a USDA contingency fund and that tapping other accounts could jeopardize funding for child nutrition programs.
The Supreme Court also directed plaintiffs to respond to the Trump administration’s submission by Tuesday morning.
States, cities and nonprofits are scrambling to support the nation’s largest anti-hunger program, which lapsed for the first time on Nov. 1 when federal funds ran out.
Some states have already released full benefits to SNAP participants following U.S. District Judge John McConnell Jr.’s initial order that the administration should tap additional funds to support the $8 billion needed for November benefits.
USDA sent guidance to states Friday saying it was working to comply with the decision pending further court action. Then, over the weekend, USDA issued a new memo telling states to “immediately undo” full payments and threatening consequences if they don’t.
Another federal judge in Massachusetts has now blocked that guidance to undo benefits and ordered a hearing for Monday afternoon.
On Sunday, some Democratic state leaders who had already processed full benefits urged SNAP participants to keep using their EBT cards.
“If President Trump wants to penalize states for preventing Americans from going hungry, we will see him in court,” Massachusetts Gov. Maura Healey said in a statement. “Massachusetts residents with funds on their cards should continue to spend it on food.”