CALIFORNIA – California attorney general Rob Bonta announced that he and a coalition of 23 attorneys general and three governors filed a lawsuit on October 28.
The suit targets the U.S. Department of Agriculture and Secretary Brooke Rollins for indefinitely suspending SNAP benefits during the federal government shutdown.
Filed in the U.S. District Court for the District of Massachusetts, the suit contends that USDA’s suspension of SNAP benefits, despite having billions in contingency funds, is unlawful and arbitrary under the Administrative Procedure Act.
The coalition also filed for a temporary restraining order, asking the court to block USDA’s suspension order to prevent irreparable harm to their residents.
Bonta warned that, for the first time, millions of low-income Americans will lose access to SNAP benefits they depend on for food.
“USDA not only has authority to use contingency funds, it has a legal duty to spend all available dollars to fund SNAP benefits,” Bonta said.
USDA $6 billion contingency fund can be used for SNAP
The USDA announced that November SNAP benefits will not be issued amid the federal government shutdown.
“Bottom line, the well has run dry,” said a message on the USDA site.
However, according to Bonta, the USDA’s “multi-year contingency fund” meant to keep SNAP running during a shutdown stood at approximately $6 billion as of late September.
On October 10, USDA told state agencies to indefinitely hold November SNAP benefits while it gathered information to prepare a possible contingency plan.
After two weeks without guidance, Bonta and a coalition of attorneys general demanded an update on USDA’s contingency plan. That same day, October 24, USDA officially suspended SNAP benefits indefinitely.
In a separate memo, USDA reversed its earlier stance, saying the $6 billion contingency fund cannot be used for SNAP benefits.
Bonta said USDA also claimed the funds might be needed for future disaster relief, despite previously stating they could cover SNAP benefits during a funding lapse.
Lawsuit co-led by California, Arizona, Massachusetts and Minnesota
The lawsuit is co-led by Bonta, Kris Mayes (Arizona), Andrea Joy Campbell (Massachusetts), and Keith Ellison (Minnesota), and includes 21 other state attorneys general, the D.C. attorney general, and the governors of Kansas, Kentucky, and Pennsylvania.
RELATED: California launches applications for Property Tax Postponement Program
