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Judge to decide whether SNAP benefits can be cut off Saturday

LEILA FADEL, HOST:

More than 12% of Americans depend on SNAP benefits. Tomorrow, they won't get them in the midst of the government shutdown. It's the first time in recent history this has happened. In a few moments, we'll speak with Democratic Governor Matt Meyer of Delaware, who declared a state of emergency to temporarily replace the food aid.

A MARTÍNEZ, HOST:

First, so a federal judge is deciding whether to order the Trump administration to find other ways to get people money to buy food.

FADEL: Here to tell us more about all this and what's at stake is NPR's Jennifer Ludden. Hi, Jennifer.

JENNIFER LUDDEN, BYLINE: Hi there.

FADEL: OK, so remind us why the administration said it had to cut off SNAP benefits. And what's the legal challenge to that?

LUDDEN: A week ago, the Agriculture Department posted on its website that the well has run dry. In a memo, the agency said, because of the shutdown, it doesn't have enough money for SNAP benefits for November. And it said it cannot legally use what's in a contingency fund. It argued that is meant for emergencies like natural disasters. Now, Democratic governors and attorneys general from about two dozen states sued. They said SNAP is an entitlement. It can't just be cut off, and doing so would cause irreparable harm.

Judge Indira Talwani in Boston seemed to agree with the states. She put it bluntly, Congress put money in an emergency fund, and it is hard for me to understand how this is not an emergency. Now, the judge said lawmakers clearly wanted to protect the American people in the event of something like a shutdown. And their intent, she said - I'm quoting here - "we're not going to make everyone drop dead because it's a political game someplace else." So a not really veiled reference there to the blame game between Republicans and Democrats over this shutdown.

FADEL: Yeah. So millions of people who depend on SNAP food aid won't get it tomorrow. Assuming the judge does rule in favor of the states, when will people actually get the money they need?

LUDDEN: It's a good question. You know, even if the ruling comes today or very soon, there will still be some delay. And normally, the federal government sends this funding to states well before the first of the month. And then it takes days to get onto the debit-like cards people use at stores. But there's an added complication. Full SNAP funding for November is about $9 billion. There's only 5.5 billion in the contingency fund, according to the administration. And it has said recalculating for partial payments would be a logistical nightmare, could take weeks. So, you know, people will have to wait. We don't know for sure how long. And they'll get less money. Meanwhile, I should add, there's a second lawsuit filed yesterday over cutting off SNAP payments.

FADEL: Oh, what's that one about?

LUDDEN: So this is a federal suit in Rhode Island by eight cities around the country, also nonprofits and business groups. They say ending SNAP payments would harm not only people but also local economies. And that includes small businesses who really rely on grocery sales from shoppers using SNAP.

FADEL: In the meantime, states and cities have been scrambling to try and fill the gap or at least help fill the gap during this delay. Can you give us a sense of what they're doing?

LUDDEN: Yeah, they've got states like Virginia and Vermont, who shifted money to actually pay people directly, at least temporarily. Others are stepping up donations to food banks or looking to help people who may fall behind on their bills. And, you know, people in these places really say they're dealing with a cascade of cutbacks, not just the shutdown but, you know, mass federal layoffs and funding cuts that have been happening all this year.

FADEL: NPR's Jennifer Ludden. Thank you, Jennifer.

LUDDEN: Thank you. Transcript provided by NPR, Copyright NPR.

NPR transcripts are created on a rush deadline by an NPR contractor. This text may not be in its final form and may be updated or revised in the future. Accuracy and availability may vary. The authoritative record of NPR’s programming is the audio record.

Jennifer Ludden helps edit energy and environment stories for NPR's National Desk, working with NPR staffers and a team of public radio reporters across the country. They track the shift to clean energy, state and federal policy moves, and how people and communities are coping with the mounting impacts of climate change.
Leila Fadel is a national correspondent for NPR based in Los Angeles, covering issues of culture, diversity, and race.