Supreme Court extends its order blocking full SNAP payments

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The Supreme Court on Tuesday extended an order blocking full SNAP payments, amid signals that the government shutdown could soon end and food aid payments resume.

The order keeps in place at least for a few more days a chaotic situation. People who depend on the Supplemental Nutrition Assistance Program to feed their families in some states have received their full monthly allocations, while others have received nothing.

The order, which is three sentences long and comes with no explanation on the court’s thinking, will expire just before midnight Thursday.

The Senate has approved a bill to end the shutdown and the House of Representatives could vote on it as early as Wednesday. Reopening the government would restart the program that helps 42 million Americans buy groceries, but it’s not clear how quickly full payments would resume.

The justices chose what is effectively the path of least resistance, anticipating the federal government shutdown will end soon while avoiding any substantive legal ruling about whether lower court orders to keep full payments flowing during the shutdown are correct.

Justice Ketanji Brown Jackson was the only one of the nine justices to say she would have revived the lower court orders immediately, but didn’t otherwise explain her vote. Jackson signed the initial order temporarily freezing the payments.

The court’s action doesn’t do anything to settle uncertainty across the country.

Beneficiaries in some states have received their full monthly allocations while in others they have received nothing. Some states have issued partial payments.

How quickly SNAP benefits could reach recipients if the government reopens would vary by state. But states and advocates say that it’s easier to make full payments quickly than partial ones. Carolyn Vega, a policy analyst at the advocacy group Share Our Strength, also said there could be some technical challenges for states that have issued partial benefits to send out the remaining amount.

In Pennsylvania, full November benefits went out to some people on Friday. But Jim Malliard, 41, of Franklin, said he had not received anything by Monday.

Malliard is a full-time caretaker for his wife, who is blind and has had several strokes this year, and his teenage daughter, who suffered severe medical complications from surgery last year.

That stress has only been compounded by the pause in the $350 monthly SNAP payment he previously received for himself, his wife and daughter. He said he is down to $10 in his account and is relying on what’s left in the pantry — mostly rice and ramen.

“It’s kind of been a lot of late nights, making sure I had everything down to the penny to make sure I was right,” Malliard said. “To say anxiety has been my issue for the past two weeks is putting it mildly.”

The political wrangling in Washington has shocked many Americans, and some have been moved to help.

“I figure that I’ve spent money on dumber stuff than trying to feed other people during a manufactured famine,” said Ashley Oxenford, a teacher who set out a “little food pantry” in her front yard this week for vulnerable neighbors in Carthage, New York.

The Trump administration chose to cut off SNAP funding after October due to the shutdown. That decision sparked lawsuits and a string of swift and contradictory judicial rulings that deal with government power — and impact food access for about 1 in 8 Americans.

The administration went along with two rulings on Oct. 31 by judges who said the government must provide at least partial funding for SNAP. It eventually said recipients would get up to 65% of their regular benefits. But it balked last week when one of the judges said it must fund the program fully for November, even if that means digging into funds the government said need to be maintained in case of emergencies elsewhere.

The U.S. Supreme Court agreed to pause that order in a ruling late Sunday.

An appeals court said Monday that full funding should resume, and that requirement was set to kick in Tuesday night before the top court extended the order blocking full SNAP payments.

The U.S. Senate on Monday passed legislation to reopen the federal government with a plan that would include replenishing SNAP funds. Speaker Mike Johnson told members of the House to return to Washington to consider the deal a small group of Senate Democrats made with Republicans.

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