The Supreme Court is expected to say whether full SNAP food payments can resume

It’s up to the U.S. Supreme Court and Congress to decide when full payments will resume under the SNAP food aid program that helps 1 in 8 Americans buy groceries, as some wonder how they will feed their families without government assistance.

The Supreme Court is expected to rule Tuesday on a request from President Donald Trump’s administration to keep blocking states from providing full Supplemental Nutrition Assistance Program benefits, arguing the money might be needed elsewhere.

The legal wrangling could be moot if the U.S. House adopts and Trump signs legislation to quickly end the federal government shutdown.

The seesawing rulings mean that beneficiaries in some states have received their full monthly allocations while in others they have received nothing. Some states have issued partial payments.

How quickly SNAP benefits could reach recipients if the government reopens or the Supreme Court orders full payments would vary by state. But states and advocates say that it’s easier to make full payments quickly than partial ones.

Carolyn Vega, a policy analyst at the advocacy group Share Our Strength, also said there could be some technical challenges for states that have issued partial benefits to send out the remaining amount.

An urgent need for beneficiaries

In Pennsylvania, full November benefits went out to some people on Friday. But Jim Malliard, 41, of Franklin, said he had not received anything by Monday.

Malliard is a full-time caretaker for his wife, who is blind and has had several strokes this year, and his teenage daughter, who suffered severe medical complications from surgery last year.

That stress has only been compounded by the pause in the $350 monthly SNAP payment he previously received for himself, his wife and daughter. He said he is down to $10 in his account and is relying on what’s left in the pantry — mostly rice and ramen.

“It’s kind of been a lot of late nights, making sure I had everything down to the penny to make sure I was right,” Malliard said. “To say anxiety has been my issue for the past two weeks is putting it mildly.”

The political wrangling in Washington has shocked many Americans, and some have been moved to help.

“I figure that I’ve spent money on dumber stuff than trying to feed other people during a manufactured famine,” said Ashley Oxenford, a teacher who set out a “little food pantry” in her front yard this week for vulnerable neighbors in Carthage, New York.

SNAP has been the center of an intense fight in court

The Trump administration chose to cut off SNAP funding after October due to the shutdown. That decision sparked lawsuits and a string of swift and contradictory judicial rulings that deal with government power — and impact food access for some 42 million Americans.

The administration went along with two rulings on Oct. 31 by judges who said the government must provide at least partial funding for SNAP. It eventually said recipients would get up to 65% of their regular benefits. But it balked last week when one of the judges said it must fund the program fully for November, even if that means digging into funds the government said need to be maintained in case of emergencies elsewhere.

The U.S. Supreme Court agreed to pause that order.

An appeals court said Monday that full funding should resume, and that requirement is set to kick in Tuesday night unless the top court takes action again.

Congressional talks about reopening government

The U.S. Senate on Monday passed legislation to reopen the federal government with a plan that would include replenishing SNAP funds. Speaker Mike Johnson told members of the House to return to Washington to consider the deal a small group of Senate Democrats made with Republicans.

Trump has not said whether he would sign it if it reaches his desk, but told reporters at the White House on Sunday that it “looks like we’re getting close to the shutdown ending.”

Still, the Trump administration said in a Supreme Court filing Monday that it shouldn’t be up to the courts.

“The answer to this crisis is not for federal courts to reallocate resources without lawful authority,” Solicitor General D. John Sauer said in the papers. “The only way to end this crisis — which the Executive is adamant to end — is for Congress to reopen the government.”

The coalition of cities and nonprofit groups who challenged the SNAP pause said in a court filing Tuesday that the Department of Agriculture, which administers SNAP, is to blame for the confusion.

“The chaos was sown by USDA’s delays and intransigence,” they said, “not by the district court’s efforts to mitigate that chaos and the harm it has inflicted on families who need food.”

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Associated Press reporter Cara Anna in Carthage, New York, contributed