The Trump administration asked a federal appeals court to block a judge’s order that the U.S. Department of Agriculture provide full November food stamp benefits to 42 million low-income Americans.
U.S. District Judge John McConnell in Providence, R.I., on Thursday ordered the payout by Friday, accusing the administration of withholding Supplemental Nutrition Assistance Program, or SNAP, benefits for political reasons with the government shutdown now more than a month old.
The Department of Justice in a filing on Friday with the 1st U.S. Circuit Court of Appeals in Boston said McConnell had no authority to order the payout, saying judges have no power to appropriate or spend federal money.
“There is no lawful basis for an order that directs USDA to somehow find $4 billion in the metaphorical couch cushions,” the department said. “This is a crisis, to be sure, but it is a crisis occasioned by congressional failure, and that can only be solved by congressional action.”
Americans whose income is less than 130% of the federal poverty line are eligible for SNAP benefits, commonly known as food stamps, which top out monthly at $298 for one-person households and $546 for two-person households.
The case being appealed was brought by several large U.S. cities and many public service and community groups. They are expected to respond to the administration later Friday.
A group of Democratic-led states is pursuing similar litigation.
Earlier this week, the Agriculture Department said it would pay only partial SNAP benefits for November.
