Updated Nov 10, 2025 - Politics & Policy

Order to fund SNAP overstepped judge's power, DOJ argues to Supreme Court

Julianna Bragg

Several people assemble bags of food outside to give to SNAP recipients — Volunteers organize bags of groceries during a free food distribution for SNAP recipients in Daytona Beach, Florida, on Nov. 9, 2025, as the administration's legal battle to pay full benefits continues. Photo: Miguel J. Rodriguez Carrillo / AFP/Getty Images

A federal judge overstepped by ordering the Trump administration to fully fund SNAP benefits during the government shutdown, the Justice Department told the Supreme Court Monday in a new filing.

The big picture: The brief is the administration's latest effort to block the order to pay out full food assistance for roughly 42 million Americans, as the high-stakes legal battle continues.

Several charities and cities sued the government to force it to fund the nutritional benefits and have until 8am ET Tuesday to respond with their own arguments in the case.
The Justice Department said in the filing that court orders enforcing food stamp funding have created "massively inappropriate" obstacles, complicating SNAP benefit distribution and efforts to end the shutdown.

What they're saying: "Once more, the government unequivocally agrees that any lapse in SNAP funding is tragic," Solicitor General D. John Sauer said in the filing.

"But it is a tragedy of Congress's creation, by shutting the government down, allowing appropriations to lapse, and creating a Hobson's choice for the Executive Branch on how to triage which crucial programs get limited available residual funds."
Sauer added that the USDA undertook an "unprecedented" effort to fund SNAP using the available contingency funds and to create a partial payment process that had "never been done before" and called the court order requiring benefits to be paid in full "untenable."
The White House referred requests for comment to the Office of Management and Budget, which did not immediately respond to Axios' request for comment.

Yes, but: The legal fight could soon become moot if the shutdown ends, Sauer said in a letter sent to the Supreme Court earlier in the day.

The Senate voted Sunday to advance a package to reopen the government.

Catch up quick: A Rhode Island district court judge ordered the Trump administration to make full SNAP payments by Nov. 7.

But Supreme Court Justice Kentaji Brown temporarily paused that order a few hours later to let the appeals court weigh the administration's request for an emergency stay, Axios' Avery Lotz previously reported.
On Sunday, the First Circuit Court of Appeals rejected the administration's move to avoid fully funding food stamps, despite USDA directives telling states to "immediately undo" the SNAP benefits already issued by some states.

Editor's note: This story has been updated with additional information thoughout.

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Order to fund SNAP overstepped judge's power, DOJ argues to Supreme Court

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