Court orders USDA to fund SNAP food benefits with reserve funds after state AGs sue

Oct. 31, 2025 (DENVER) — Attorney General Phil Weiser today announced that a federal court has ordered the U.S. Department of Agriculture to continue providing food benefits to millions of Americans through the Supplemental Nutrition Assistance Program, or SNAP, with contingency funds allocated by Congress.

The court gave the USDA until Monday to explain how it will provide either reduced or full benefits during the government shutdown. The court also found that if the contingency fund cannot fully fund the program in November, then the federal government must consider other, additional funding sources.

The court’s order follows a lawsuit filed earlier this week by Attorney General Weiser and a coalition of 23 attorneys general and three governors challenging the USDA’s decision to suspend SNAP benefits. Today, the court found that the USDA erred when it fully suspended benefits because Congress specifically appropriated contingency funds for use when “necessary to carry out program operations,” and those funds must be deployed to fund SNAP benefits.

“The bottom line is that the court said the USDA cannot suspend SNAP benefits and must use congressionally appropriated reserve funds to provide food benefits during the government shutdown,” said Attorney General Weiser. “No one should go hungry or experience financial hardship because of political gridlock in Washington, D.C. or an abuse of power by the Trump administration. The court’s order makes clear that the USDA cannot ignore its legal duty to fund SNAP when Congress has made contingency funds available. More than 600,000 Coloradans depend on these benefits to feed themselves and their families, and they must receive this critical food support.”

The lawsuit, filed Oct. 28, argues that the USDA unlawfully suspended SNAP benefits during the government shutdown despite the availability of contingency funds. Suspending SNAP benefits in this manner is both contrary to law and arbitrary and capricious under the Administrative Procedure Act, according to the states’ lawsuit.

SNAP provides monthly benefits that help qualified individuals and families purchase food at grocery stores, farmers’ markets, and other authorized retailers. In Colorado, approximately 612,000 individuals, including children, seniors, and veterans, rely on the program each month. SNAP benefits also support thousands of local grocers and generate millions in economic activity statewide.

Joining Attorney General Weiser in filing the lawsuit are the attorneys general of Arizona, California, Connecticut, Delaware, the District of Columbia, Hawai‘i, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, North Carolina, Oregon, Rhode Island, Vermont, Washington, and Wisconsin, along with the governors of Kansas, Kentucky, and Pennsylvania.

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Media Contact:
Lawrence Pacheco
Chief Communications Officer
(720) 508-6553 office
lawrence.pacheco@coag.gov