The Trump administration fought through multiple courts on Friday night to prevent the immediate transfer of $4 billion in emergency funds to fully restore Supplemental Nutrition Assistance Program (SNAP) benefits for more than 42 million Americans.

The U.S. Court of Appeals for the First Circuit rejected the government’s initial stay request at 6:08 p.m. EST on Friday, denying the administration’s bid to halt the lower court’s orders pending appeal. The First Circuit stated it intended to issue a decision on the stay motion “as quickly as possible,” but declined to grant an immediate decision.

The Trump administration immediately filed an emergency application with the Supreme Court, just hours later. The application requested a stay of U.S. District Judge John J. McConnell Jr.’s orders requiring the government to transfer the $4 billion by the end of the day on Friday.

Justice Ketanji Brown Jackson, who handles emergency applications from the First Circuit, issued an administrative stay that same evening, halting the district court’s orders. Her order stated that the administrative stay was “required to facilitate the First Circuit’s expeditious resolution of the pending stay motion.” Jackson’s stay will terminate just 48 hours after the First Circuit issues its decision on the merits, which the court indicated it would issue “with dispatch.”

On October 24, the USDA announced it would suspend November SNAP benefits for approximately 42 million Americans, including roughly 16.4 million children and 8 million seniors who depend on the program for food assistance.

Judge McConnell issued his first temporary restraining order on October 31, directing the administration to use emergency contingency funds to provide at least partial benefits for November. The Trump administration initially agreed to comply by distributing approximately 65% of normal benefits using contingency reserves.​

However, on November 6, Judge McConnell issued a second order after determining that the administration’s partial payment plan would take weeks to implement and some recipients would receive no assistance at all. He ordered the government to provide full November SNAP payments by Friday, November 7, directing USDA to pull an estimated $4 billion from funds appropriated under Section 32 of the Agricultural Adjustment Act—money designated for Child Nutrition Programs serving approximately 29 million children daily.​​

Judge McConnell noted that President Trump had stated on social media that SNAP benefits would only be given “when the Radical Left Democrats open up government,” suggesting the benefits were being withheld for “political purposes.”

In its Supreme Court application, the administration argued that Judge McConnell’s order “makes a mockery of the separation of powers” by forcing the executive branch to reallocate funds appropriated by Congress. The government emphasized that the SNAP statute explicitly states benefits are subject to available appropriations and cannot exceed appropriated funds.​​

The application said that transferring $4 billion from Child Nutrition Programs would create “an unprecedented and significant shortfall,” jeopardizing nutrition assistance to millions of children throughout the fiscal year. The government further contended that if the ruling stood, “every federal program beneficiary” could seek court orders prioritizing their program over others.​

USDA officials noted that Wisconsin had already overdrawn its letter of credit by $20 million, requesting 100% of SNAP benefits before the government could even appeal, warning of imminent “shutdown chaos.”

Justice Jackson’s order, issued just minutes before the Friday midnight deadline, stopped short of endorsing the government’s position on the merits. Instead, she framed her action narrowly as procedural relief to allow the First Circuit adequate time to resolve the stay pending appeal motion. By terminating the stay 48 hours after the First Circuit’s decision, Jackson preserved the ability for the case to continue its expedited path through the appellate system.

The First Circuit can now determine the immediate fate of SNAP benefits. If the First Circuit affirms Judge McConnell’s ruling, the government can pursue further Supreme Court review.