UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS
COMMONWEALTH OF MASSACHUSETTS ET AL.,
Plaintiffs,
V.
UNITED STATES DEPARTMENT OF AGRICULTURE ET AL.,
Defendants.
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Civil Action No. 1:25-cv-13165-IT
MEMORANDUM AND ORDER
October 31, 2025
TALWANI, D.J.
Pending before the court is Plaintiffs' Motion for a Temporary Restraining Order [Doc.
No. 3] seeking to enjoin, on an emergency basis, Defendants' November 1, 2025 suspension of benefits under the Supplemental Nutrition Assistance Program ("SNAP"). For the reasons stated
below, Plaintiffs have standing to bring this action and are likely to succeed on their claim that
Defendants' suspension of SNAP benefits is unlawful. Where that suspension of benefits rested
on an erroneous construction of the relevant statutory provisions, the court will allow Defendants
to consider whether they will authorize at least reduced SNAP benefits for November, and report
back to the court no later than Monday, November 3, 2025.
A. Likelihood of Success on the Merits
Plaintiffs have demonstrated a strong likelihood of success on the merits of their claim under the Administrative Procedure Act, 5 U.S.C. ยง 706(2)(A), (C), that Defendants' suspension of SNAP benefits is contrary to law. At core, Defendants' conclusion that USDA is statutorily prohibited from funding SNAP because Congress has not enacted new appropriations for the
current fiscal year is erroneous. To the contrary, Defendants are statutorily mandated to use the
previously appropriated SNAP contingency reserve when necessary and also have discretion to
use other previously appropriated funds as detailed below.
As both parties acknowledge, Congress has not yet appropriated any new funds for SNAP
benefits for Fiscal Year 2026, which began on October 1, 2025. Pls.' Mem. 6 [Doc. No. 4];
Defs.' Opp'n 7 [Doc. No. 18]. But Congress took steps to protect against the deprivation of
SNAP assistance. In the 2024 Consolidated Appropriations Act, Pub. L. No. 118-42, ยง 6, 138
Stat. 25, 93-94, Congress separately appropriated $6 billion to the SNAP program "to remain available through September 30, 2026" and "be placed in reserve for use only in such amounts and at such times as may become necessary to carry out program operations." See also Pub. L.
No. 119-4, ยง 1101(a), 139 Stat. 9, 10 (2025). As Plaintiffs point out, given the mandatory nature
of SNAP benefits under 7 U.S.C. ยง 2014(a) and the appropriation of these funds to be available
10
Case 1:25-cv-13165-IT
Document 26 Filed 10/31/25
Page 11 of 15
through this current fiscal year, the government is obligated to use this contingent reserve
account to fund SNAP "as may become necessary to carry out program operations." 138 Stat. at
93-94; Pls.' Mem. 11 [Doc. No. 4].
Defendants argue out that a "suspension" is permitted under USDA's regulations, and that USDA "has consistently interpreted its authority to allow for the suspension or cancellation of benefits when necessary." Defs. Opp'n 6 [Doc. No. 18). The regulation at issue, 7 C.F.R. $ 271.7(a), sets forth procedures to be followed if monthly SNAP allowances "must be reduced, suspended, or cancelled to comply with section 18 of the Food and Nutrition Act of 2008"
(emphasis added). But that the regulation allows for a suspension when there are no funds does
not mean that Defendants may choose a suspension over a reduction while funds do remain. If
the regulation did authorize such discretion, it would be inconsistent with the statutory mandate that benefits "shall" be paid unless funding is no longer available.
BREAKING: Federal judge rules that the Trump administration likely illegally suspended SNAP benefits, ruling that at least reduced distribution is required to go forward under law using the $6 billion reserve fund.
Judge gives the Trump admin until Monday to respond as to whether it will act.
31.10.2025 17:59 โ ๐ 2755 ๐ 1068 ๐ฌ 22 ๐ 100
Canโt wait to be a millionaire
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Strict budgeting next couple months!
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God replaces with better though guess he forced me to give up old things cause I hoard pictures and messages ๐
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Ready to be blessed with a overflowing cup that runneth over so much it blesses everyone I come across
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Trump said back to plastic straws he dgaf about the planet ๐ญ
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Itโs Black History Month! MAKE SOME MFN NOISE! ๐ฃ๏ธ
01.02.2025 05:44 โ ๐ 1387 ๐ 527 ๐ฌ 21 ๐ 28
Trump is a wolf we knew thisโฆ thing is all he going to end up is a lone wolf moving how he moving and we all know the fate of a lone wolf in a cold world.๐คท๐ฝโโ๏ธ
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Be honest but from a place of Love๐
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I canโt wait to be a Wife and have a family of my own to come be at home loving..
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๐ฏ
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Itโs strict over here ๐๐๐
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DoJ releases its Tulsa race massacre report over 100 years after initial review
DoJ report acknowledges attack โwas so systematic and coordinated that it transcended mere mob violenceโ
More than 100 years after its initial review that blamed Black men, the Dept. of Justice just released its report on the 1921 Tulsa race massacre
The report says the attack โwas so systematic and coordinated that it transcended mere mob violenceโ
10.01.2025 23:30 โ ๐ 15943 ๐ 6766 ๐ฌ 470 ๐ 534
Happy New Year!!!
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Donโt want to waste time or waste anybody time.
02.01.2025 03:07 โ ๐ 0 ๐ 0 ๐ฌ 0 ๐ 0
Exactly why THE PEOPLE have to come togetherโฆ
But as they said if they can keep us against eachother they would never have to worry about us!
21.12.2024 04:31 โ ๐ 0 ๐ 0 ๐ฌ 0 ๐ 0
fear of the PEOPLE realizing their collective power, which would threaten the dominance over them.
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"If you let one ant stand up, then they all might stand up. Those puny little ants outnumber us a hundred to one, and if they ever figure that out, there goes our way of life." -Bugs life
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โThose who make peaceful revolution impossible will make violent revolution inevitableโ -JFK.
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Everyone needs to cooperate in a social resolution by direct actionโฆ
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โEverybody wants to change the world but no one wants to dieโ - Gerard Way
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โwhen the rich rob the poor itโs called business when the poor fights back its called violenceโ -Mark Twain
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