The Trump administration has notified the Supreme Court that it still plans to seek a stay of a lower court ruling requiring the government to provide full November benefits under the Supplemental Nutrition Assistance Program (SNAP).
The administration noted, however, that the matter could become moot if Congress finalizes a bipartisan deal now advancing in the Senate to reopen the government and fully fund SNAP through the fiscal year.
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SNAP funding has been at the center of a back-and-forth legal fight during the shutdown. The administration initially said it could not use contingency funds to cover full November benefits. After several states and nonprofit groups sued, a federal judge in Rhode Island ordered the government to use all available funding to fully cover the benefits, rather than only a partial amount.
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The administration appealed that ruling, eventually bringing the issue to the Supreme Court. On Friday, Justice Ketanji Brown Jackson issued a temporary stay to allow the appeals process to play out. On Sunday, the appeals court declined to extend that stay, leaving the lower court’s order requiring full benefits in place.
That decision prompted the administration to renew its request with the Supreme Court on Monday.
The Supreme Court is expected to review the filing this week.
