UNRELATED UPDATE: The Supremes have also decided, separately, not to hear the Kim Davis nonsense (decided nearly a decade ago, against her) -- and thus will preserve marriage equality, for all (see the middle of page nine, here). Now to the decidedly good news, on the SNAP funding cases. End, update.
So -- KBJ is one wise Associate Justice. A Supreme, in the truest sense. [It has all unfolded just as we predicted it might.] Trumpie only has until 11 AM Eastern to answer at the Supremes. He'd be an idiot to do so. But we shall see.
Her stay will dissolve in 44 hours now. And the SNAP benefits will keep flowing, no matter what. These Trumpers are evil people. They seek lawless cruelty as a first instinct. Even so, we will beat them at their part, always. Onward -- but here's that First Circuit opinion, just published, in full -- and a bit, of the sharp end of the spear:
. . .At no point did the government challenge the October 31 TRO after the district court issued it or request that the court modify it in any way. Instead, on Monday, November 3, the government submitted a report to the district court that it had chosen the second option and had "worked diligently to comply with the Court's order." It stated that by the end of the day on November 3, the government would have "made the necessary funds available" and "generat[ed] the table required for [s]tates to calculate the [partial] benefits available for each eligible household," given that full payments would not be forthcoming. An accompanying declaration by a USDA official explained, however, that even once the funds were made available and the table circulated, at least some states would have to implement technical changes to their SNAP systems that "w[ould] take anywhere from a few weeks to up to several months."
The following day, November 4, the plaintiffs asked the district court to enforce the October 31 TRO by requiring the government to provide full SNAP benefits in November. . . .
Given the foreseeability of the problems that the government's chosen path would entail, the court concluded that the government's noncompliance with the October 31 TRO was inexcusable. In order to effectuate its October 31 TRO, the court thus required the government to make full November SNAP payments by November 7. . . .
We therefore conclude that the government has not met its burden under the applicable stay factors and thus deny its request to stay the district court's order granting the motion to enforce. . . .
The snow is coming down hard, anew -- looks like we will have over six inches, by the time it stops late this afternoon. Grin -- more shoveling, ahead. Woot!
नमस्ते
2 comments:
The USDA itself says it will seek a new stay before the Supremes -- by 4 PM EST (which directly Violates KBJ's order of the morning, BTW -- on timeliness). . . but then goes on to say "...last evening, the Senate voted to begin the process for ending the shutdown and funding the government -- including full funding for SNAP through the end of the fiscal year....
That proposal, if ultimately adopted by both Houses of Congress and
signed by the President, would end the shutdown and moot this application....
Second, this morning, a district court in a related case issued a temporary restraining order. [This] TRO purports to stay the USDA’s November 8 memorandum that directed States that had processed full SNAP benefits for November without authorization to take immediate steps to undo those actions and revert to processing partial (65%) SNAP payments for November. See Order, Massachusetts, et al. v. USDA, et al., No. 1:25-cv-13165 (D. Mass., Nov. 10, 2025)....
These morons cannot decided if they are coming -- or going. Damn.
And... the Mass. case has resulted in a TRO -- and hearings this week, thus:
"...Judge Indira Talwani: ELECTRONIC ORDER:
granting in part Plaintiffs' Further Motion for a Temporary Restraining Order and Emergency Virtual Hearing Request [[80]]. Good cause shown, the USDA Memorandum issued on Saturday, November 8, 2025, directing that “[t]o the extent States sent full SNAP payment files for November 2025,” they “must immediately undo any steps taken to issue full SNAP benefits for November 2025” and shall “advise the appropriate FNS Regional Office representative of steps taken to correct any actions taken that do not comply with this memorandum[,]” see Attachment to Defendants’ Third Notice to Court 4 [[79]-1], is STAYED pending further court order.
The clerk shall reset the hearing scheduled for November 13, 2025, to a remote hearing today [11.11.2025] at 3:30 p.m.(SEC)...."
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