Two federal judges on Friday said the Trump administration can’t withhold food benefits next month. The U.S. Department of Agriculture has claimed it can’t send out Supplemental Nutrition Assistance Program benefits in November because of the government shutdown.Democratic states sued in federal court in Massachusetts, arguing the government could use an emergency fund to pay at least partial benefits. The Trump administration said doing so would be illegal and impractical. Judge Indira Talwani of the U.S. District Court for the District of Massachusetts said the Trump administration “erred in concluding that USDA is statutorily prohibited from using the contingency reserve to fund SNAP benefits during the pendency of the lapse in appropriations.”Talwani stopped short of granting Democrats’ request for a restraining order, saying it remained “under advisement,” but said the USDA had until Monday “to consider whether they will authorize at least reduced SNAP benefits for November.”Separately on Friday, in response to a lawsuit from cities and nonprofits, U.S District Judge John McConnell in Rhode Island also said in a ruling from the bench that the government should tap the contingency fund. “There is no doubt and it is beyond argument that irreparable harm will begin to occur if it hasn’t already occurred in the terror it has caused some people about the availability of funding for food, for their family,” McConnell said, according to Reuters.More than 42 million Americans in 22 million households receive monthly SNAP benefits for help buying food at grocery stores. The USDA warned this month that November’s benefits wouldn’t go out as a result of the shutdown, which started earlier this month after Democrats refused to vote for a government funding bill because it didn’t address expiring health insurance subsidies. Democrats have sharply criticized the administration for not paying SNAP benefits after it bent over backward to do so during a government shutdown in 2019. “It’s extraordinary that Donald Trump and Republicans are threatening to cut off SNAP benefits to 42 million Americans, including 16 million children, 8 million seniors and over a million veterans,” House Democratic Leader Hakeem Jeffries (N.Y.) said Thursday. The USDA had claimed in court it couldn’t legally tap its contingency fund, and said that, even if it could, the fund can’t cover the full cost of November’s benefits and paying partial benefits would be too complicated. Talwani basically told the USDA to figure it out, and that the government can either pay the partial benefits or go ahead and tap additional available funding to pay full benefits. Earlier on Friday, Agriculture Secretary Brooke Rollins refused to commit to paying November’s SNAP allotment if ordered to do so. “We’re looking at all the options,” she said. Standing beside Rollins, House Speaker Mike Johnson (R-La.) called the litigation a political ploy by Democrats.“They know that is a frivolous litigation. They know they’re gonna lose but they also know it will take weeks or months to have that ultimately determined by a court ... so they’re using it as a talking point,” Johnson said. Even if the government decides to pay November’s benefits, it’s likely there will be a delay for many SNAP recipients. Most states distribute benefits on a staggered basis starting on the first of the month. In some states certain recipients aren’t paid until the 28th. Close