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Trump administration appeals to Supreme Court after appeals court orders full payment of food stamps
Just the News ^ | 11/7/25 | Natalia Mittelstadt

Posted on 11/07/2025 4:29:39 PM PST by CFW

The Trump administration on Friday appealed to the Supreme Court after an appeals court ordered the government to fully fund food stamps for November.

The First U.S. Circuit Court of Appeals on Friday ordered the U.S. Department of Agriculture to begin taking steps to fully cover Supplemental Nutrition Assistance Program payments by the end of the day Friday, CBS News reported.

The appeals court had denied the administration's request for a temporary administrative stay of a lower court order, adding that it is still considering the Justice Department's request for longer relief while it considers the appeal.

"The core power of Congress is that of the purse, while the Executive is tasked with allocating limited resources across competing priorities," Solicitor General D. John Sauer wrote in the emergency appeal to the Supreme Court that was filed shortly after the First Circuit's order was issued.

(Excerpt) Read more at justthenews.com ...


TOPICS: Constitution/Conservatism; Government
KEYWORDS: appeal; scotus; snap; trump; welfare
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I would think SCOTUS will rule on this one pretty fast. A federal judge can't order payment of funds from the public coffers that Congress hasn't authorized and that aren't even there. The judge is way out of his lane.
1 posted on 11/07/2025 4:29:39 PM PST by CFW
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To: CFW

Is there a way we can get some sort of blanket pronouncement that District judges don’t have the authority to order the president to do things?


2 posted on 11/07/2025 4:30:58 PM PST by Mr. K (no i think 10%consequence of repealing obamacare is worse than obamacare itself.)
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To: Mr. K

Scotus already has ruled about limited jurisdiction of district judges. But democrats are shameless in trying every trick in the book even if illegal.


3 posted on 11/07/2025 4:33:02 PM PST by Bobbyvotes (Work is worship! .... Bhagavad Geeta)
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To: CFW

I know how we can balance the budget. Since the Judicial Branch now runs the Executive Branch we can get rid of the Legislative Branch, i.e. Congre$$ who lets that the judges run the country, and save a ton of money and pay down the national debt.


4 posted on 11/07/2025 4:36:30 PM PST by antidemoncrat
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To: CFW

SCOTUS needs to be ordering Congress to pay.


5 posted on 11/07/2025 4:37:07 PM PST by Paladin2 (YMMV)
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To: CFW

The problem is that the SNAP language leans heavily towards it being a priority disbursement under Ag. It has come up before - the first shutdown under Trump 1.

I’d personally prefer to break up welfare anywhere I could, but let’s be honest: Most people on SNAP don’t vote. With some miniscule number of exceptions, the ones who do are unlikely to go any further in voting than “Who took/gave me freebies?”

I think this is a discretion being the better part of valor case. The optics are *terrible* for anybody who wasn’t already - like me - certain to vote and vote straight-ticket R next year.

I don’t like how welfare is run either, but this isn’t the first government shutdown where this has come up and it’s not a battle I would fight right now.

My heart says fight, but my head says “not a good look”.


6 posted on 11/07/2025 4:44:05 PM PST by Capn Hayek (Capital is not responsible for Labor's lack of planning)
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To: CFW

Some judges need to be caned.


7 posted on 11/07/2025 4:52:03 PM PST by alternatives?
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To: CFW

How is it that Trump is correct so often?


8 posted on 11/07/2025 4:53:08 PM PST by Paladin2 (YMMV)
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To: Capn Hayek

Agree not a good look at all.


9 posted on 11/07/2025 4:59:38 PM PST by gcparent (God Bless America )
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To: CFW

No money has been explicitly appropriated for its continuation.

A few billion might with dubious legality might be used to pay partial benefits.

Full benefits can’t be paid because a lack of appropriation authority:

“No money shall be drawn from the treasury but in consequence of appropriations made by law”

ARTICLE I

“The plan deploys authority under Section 32 of the Agricultural Adjustment Act of 1935, which uses a percentage of customs receipts from imports to support agricultural commodities and other USDA programs, including child nutrition programs. Some leftover dollars from the child nutrition account will be moved to the WIC account.”

https://www.politico.com/live-updates/2025/10/10/congress/usda-wic-tariff-revenue-nutrition-benefits-trump-00600666

7 U.S. Code § 2013(a)(1).

“Subject to the availability of funds appropriated under section 2027 of this title,
the Secretary is authorized to formulate and administer a supplemental nutrition assistance program
...
to obtain a more nutritious diet”

soda - nutritious?
twinkies - more nutrious?

From the very beginning, it seems that federal law requires a specific for SNAP appropriation.

“§2027. Appropriations and allotments
(a) Authorization of allotments; monthly reports of expenditures to Congressional committees; restriction on use of funds; nutrition education improvements
(1) To carry out this chapter, there are authorized to be appropriated such sums as are necessary for each of fiscal years 2008 through 2023. Not to exceed one-fourth of 1 per centum of the previous year’s appropriation is authorized in each such fiscal year to carry out the provisions of section 2026 of this title,....”

https://uscode.house.gov/view.xhtml?req=(title:7%20section:2027%20edition:prelim)%20OR%20(granuleid:USC-prelim-title7-section2027)&f=treesort&num=0&edition=prelim

“through 2023”

This is 2025.


10 posted on 11/07/2025 5:03:07 PM PST by Brian Griffin (Trump needs to allow needy military people to get leave/discharges and paid civilian work)
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To: Brian Griffin

There may be other law I don’t know about.


11 posted on 11/07/2025 5:04:50 PM PST by Brian Griffin (Trump needs to allow needy military people to get leave/discharges and paid civilian work)
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To: Capn Hayek

The Dem States have been illegally
funding snap to
illegals for years .
That scam being shut down will send 40 million home .
The dem states wont hand over there records .

Thats is the core of the dispute .

Trump and Gop needs a good pr firm to broadcast this fact .


12 posted on 11/07/2025 5:09:26 PM PST by ncalburt ( Gop DC Globalists are the evil. )
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To: Paladin2

https://www.nytimes.com/live/2025/11/07/us/trump-news-shutdown


13 posted on 11/07/2025 5:15:00 PM PST by 9YearLurker
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To: Brian Griffin
Subject to the availability of funds …
14 posted on 11/07/2025 5:17:32 PM PST by 11th_VA
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To: CFW
A federal judge can't order payment of funds from the public coffers that Congress hasn't authorized and that aren't even there.

The food stamp money will have to come from another source. Take it from the federal court system.

15 posted on 11/07/2025 5:17:48 PM PST by Right_Wing_Madman
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To: CFW

Is our military being paid? What about air traffic controllers? Welfare people rule.


16 posted on 11/07/2025 5:22:35 PM PST by SkyDancer ( ~ Am Yisrael Chai ~)
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To: Capn Hayek

In my Sunday School class - mostly 60+ - a couple (70?) are worried about their son on food stamps. How will he eat? I’m tempted to say,”He’s got to be 30-40 years old but if he’s hungry, YOU FEED HIM!”

But that might get me thrown out and it’s a good church.


17 posted on 11/07/2025 5:48:50 PM PST by Mr Rogers
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To: Brian Griffin
"No money has been explicitly appropriated for its continuation."

That's the issue, imho. Clear overstep of article 3.

18 posted on 11/07/2025 5:49:34 PM PST by Tench_Coxe (The woke were surprised by the reaction to the Bud Light fiasco. May there be many more surprises)
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To: Capn Hayek

Exactly. Not great optics. Find a way to get the food stamps out there. ( I know it’s snap, there should be a little shame)


19 posted on 11/07/2025 5:56:53 PM PST by brooklin
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To: CFW
In other legal news:

BREAKING: Federal judge blocks Education Dept from blaming Democrats for govt shutdown on out-of-office emails

20 posted on 11/07/2025 6:01:21 PM PST by mass55th (“Courage is being scared to death, but saddling up anyway.” ― John Wayne)
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