UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS COMMONWEALTH OF MASSACHUSETTS ET AL., Plaintiffs, V. UNITED STATES DEPARTMENT OF AGRICULTURE ET AL., Defendants. * * * * * * * * * * * 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. § 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, § 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, § 1101(a), 139 Stat. 9, 10 (2025). As Plaintiffs point out, given the mandatory nature of SNAP benefits under 7 U.S.C. § 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.

🚨BREAKING: 2 fed courts have issued orders blocking Trump’s attempt to defund SNAP. Congrats to @democracyforward.org, its co counsel and clients, and Dem State AGs.

At least 15 people sent to hospital after JetBlue flight drops altitude, forcing emergency landing in Florida, officials say | CNN A federal investigation into “a flight control issue” is underway after at least 15 people, including children, were taken to the hospital following a sudden drop in altitude on a JetBlue flight that ...

Breaking - at least 15 people sent to hospital after Jet Blue flight drops altitude

www.cnn.com/2025/10/30/u...

I have yet to see evidence that Xi really gives a flying F what Trump does or threatens to do.

Uh-oh…it turns out JP Morgan Chase has flagged $1 billion in “suspicious” transactions involving Jeffrey Epstein and prominent Wall Street figures, and notified the Trump admin back in 2019.

Just yesterday DHS secty Noem said citizens were not being detained and here we are again: Two people-both citizens- were detained by ICE. in Chicago again today.

Same day. 🇺🇸

I am certainly no seasoned strategist but I am a little skeptical of the political wisdom behind building a giant golden ballroom and sharing a dozen photos of a renovated marble bathroom at the very moment that millions of people are losing access to healthcare and food.

It would be good to know what those differences in "professional standards" are.

SNAP benefits must continue despite shutdown, judge tells Trump administration

Trump's Nuclear Socialism You’re worried about Mamdani? The real socialism is coming from inside the White House.

“At the risk of sounding hysterical, I don’t understand why someone would pursue Chinese-style economic policy unless they were committed to a Chinese-style political system. The China model can’t function if control of the government is constantly changing hands.”
open.substack.com/pub/thebulwa...

100%. Maduro’s a tyrant and I wouldn’t cry for a second. But the second part. Plus Trump’s power aspirations aren’t that different from Maduro’s.

Republicans Claimed Biden Censored YouTube. 20 Employees Seem to Say Otherwise Lawyers for Alphabet, Youtube's parent company, recently alleged that the Biden administration tried to “influence” the company. Interviews with employees don't appear to support their claim.

"The interviews come from several years of conversations with Youtube employees focused on policy and health, and in trust and safety roles; they appear to undercut years of GOP accusations of the Biden administration censoring social media platforms during the pandemic."

This is an actual campaign ad by Andrew Cuomo.

It features an AI generated pregnant and feminized "bill."

A.I. Is Making Death Threats Way More Realistic Online harassers are generating images and sounds that simulate their victims in violent situations.

A.I. is already raising concerns for its ability to mimic real voices in service of scams or to produce deepfake pornography without a subject’s permission. Now, the technology is also being used for violent threats — priming them to maximize fear by making them far more personalized.

Families across Michigan shouldn’t have to wonder how they’ll put food on the table because the Republican run federal government can’t get its act together. As governor, I’ll work with anyone to make sure our families don’t go hungry.

I know it's hard, but do not turn away from this regime's cruelty and violence. Remember it. Document it. Defend against it when you can. Let it influence your voting. And know that this will be needed in defying them now and holding them accountable as soon as we can.

Man installing cheap bathtub refit

Bathfitter visiting the White House last week

YouTube video by Legal AF Trump Prosecutor STUNNED in COURT as Comey FILES BOMBSHELL Motion

In a stunning motion, James Comey tells Judge Nachmanoff that rookie prosecutor Lindsey Halligan likely committed grand jury misconduct, demanding transcripts and audio. Judge Currie also ordered those files to her chambers—spelling major trouble for Trump’s DOJ.

Huge thanks to @misendems.bsky.social for taking action to protect the millions of Michigan families who rely on food assistance. Leadership is about stepping up when people need it most, and that’s exactly what they’re doing. www.detroitnews.com/story/news/p...

The GOP’s top think tank just defended an open Nazi Reasonable people can disagree about whether Hitler was good, says the Heritage Foundation.

Kevin Roberts' defense of Nick Fuentes is a watershed moment: the right has officially declared open, unabashed Hitlerism to be an acceptable position in their coalition

www.vox.com/politics/466...

YouTube video by Jim Acosta Robert De Niro is pitching a new way to fight Donald Trump!

www.youtube.com/watch?v=xGYk...

WWJD?

Morality aside, sinking unarmed fishing boats with multi-million dollar missiles from a limited stockpile seems like a mistake.

Dr. Oz knows he is lying about health care the board needs to take his license away. Today minutes ago from the Kaiser Foundation.

BOSTON (AP) — Judges order the federal government to use contingency funds for SNAP food aid payments during the shutdown.

I renovated the Lincoln Bathroom in the White House. It was renovated in the 1940s in an art deco green tile style, which was totally inappropriate for the Lincoln Era. I did it in black and white polished Statuary marble. This was very appropriate for the time of Abraham Lincoln and, in fact, could be the marble that was originally there!

sure, you might not be able to eat or go to the doctor, but check out how nice Trump's new marble shitter is

We stand with Kat It’s Thursday. There are 369 (nice) days until the midterms and FIVE DAYS UNTIL THIS YEAR’S ELECTIONS! An idiot plays with nukes, DOJ starts erasing crimes and we stand with Kat.

We stand with Kat
It’s Thursday. There are 369 (nice) days until the midterms and FIVE DAYS UNTIL THIS YEAR’S ELECTIONS! An idiot plays with nukes, DOJ starts erasing crimes and we stand with Kat.