Minnesota-led lawsuit forces $5 billion contingency fund use, Ellison criticizes partial funding and refusal to tap additional resources
When Minnesota Attorney General Keith Ellison sued the Trump administration last week for suspending the Supplemental Nutrition Assistance Program (SNAP), he called the move “cruel and unlawful.” Days later, a federal court agreed, ordering the U.S. Department of Agriculture (USDA) to use its $5 billion contingency fund to continue providing benefits nationwide.
The temporary restraining order, issued October 31, restores nutrition support for more than 42 million Americans during the ongoing federal government shutdown, including about 440,000 Minnesotans, among them 180,000 children, 67,000 seniors, and 52,000 people with disabilities.
“It’s impossible for me to understand the cruelty required to use 42 million hungry Americans as political leverage,” Ellison said. “Instead of using available funding, the Trump administration tried to take food off the table of kids and families across our state and across our country.”
The court determined that USDA’s suspension of SNAP payments “was based on the erroneous conclusion that the contingency funds could not be used to ensure continuation of SNAP payments.” It required the agency to use those funds immediately to keep the program operating.
Partial payments spark new controversy
On November 3, USDA announced it would only provide 50% of SNAP benefits for November, despite having authority to fund full benefits using both the contingency fund and an additional Section 32 Child Nutrition fund.
According to a declaration filed by Patrick Penn, Deputy Under Secretary of Food, Nutrition, and Consumer Services at USDA, the agency is allocating $4.65 billion of the contingency fund to pay half of eligible households’ benefits. The remaining fund is earmarked for administrative expenses and nutrition programs in Puerto Rico and American Samoa. Penn wrote that fully funding SNAP using Section 32 funds would create an “unprecedented shortfall” in child nutrition programs, which feed at least 29 million children daily through school lunch, breakfast, and summer food programs.
USDA’s declaration filed in the Massachusetts federal court adds that the agency has made all contingency funds available to the states and authorized them to begin disbursements immediately. The declaration also notes that USDA stands ready to assist states as they implement the partial payments, though officials warn that adjusting eligibility, recalculating benefits, and notifying households could take weeks or even months, potentially delaying aid further.
“Donald Trump is still using hunger as a political weapon against the American people,” Ellison said. “While I am glad to see some SNAP benefits resuming as a result of our lawsuit, it is not close to enough. Trump’s USDA has the ability to provide full benefits to people struggling to make ends meet, yet they are refusing to do so because they want to use those hungry Americans as leverage.”
Historical context and lawsuit background
Ellison’s lawsuit, filed October 28, argued that Congress had created a “rainy-day” contingency fund specifically to continue SNAP operations during a government shutdown. USDA’s refusal to use that fund, the suit alleges, violates both Congressional intent and the Administrative Procedure Act.
USDA’s own 2025 shutdown plan and previous guidance confirm that contingency funds were available to maintain SNAP benefits. During prior shutdowns in 2018–2019 and 2021, the agency acknowledged this authority. USDA has funded other emergency programs during the current shutdown but initially refused to fund SNAP, prompting legal action.
The lawsuit, co-led by Ellison alongside the attorneys general of Arizona, California, and Massachusetts, was joined by 19 other states, the District of Columbia, and the governors of Kansas, Kentucky, and Pennsylvania.
Impact of the benefit reduction
The lapse in benefits would have had serious consequences for families, local food pantries, schools, and retailers that rely on SNAP spending. USDA estimates that every $1 in SNAP generates $1.54 in economic activity, meaning reduced funding could deepen economic strain during the shutdown.
Even with the partial restoration, Ellison emphasized that tens of thousands of Minnesotans, including children, seniors, and people with disabilities, remain at risk of inadequate nutrition.
“The fact this fight was even necessary should spur every American into action, and spur Congress into forcing the release of every SNAP dollar hungry Americans are entitled to,” he said.
Scott Selmer welcomes reader responses at sselmer@spokesman-recorder.com