Massachusetts Advises First Cir. That USDA Is INTENTIONALLY Trying To Confuse Blue States, And Prevent Their Use Of Their Own Fisc, To Fund SNAP -- While Tangerine 2.0 Falls Asleep -- In Pressers.

To be sure, many states -- Illinois and Colorado included. . . are simply going to fund the payments, and ignore the Manchurian Cantaloupe's somnambulant wanderings through his duties at 1600 Penn.

His minions though, are actively trying to make demands -- and cases -- from the fact that moral state level leaders are doing the right thing. The USDA in particular is threatening to sue states for spending their own money (obviously, the feds cannot "recoup" funds they themselves never sent on, to the states). Let that sink in.

Damn the lot of them -- here's the latest:

. . .USDA’s notice made no reference whatsoever either to its appeal of the District of Rhode Island’s temporary restraining orders or to its motion to stay those orders pending appeal. See Ex. A attached hereto. USDA’s assurances regarding its ongoing implementation of full benefits were likewise represented in follow-up oral conversations between at least one state agency and USDA’s Food and Nutrition Services (“FNS”).

The federal defendants did not advise the Supreme Court of these facts in their emergency petition submitted in the evening of November 7, 2025. See App. No. 25A539 (U.S. Nov. 7, 2025).

Following the District of Rhode Island’s November 6 order, and in some cases, prompted by USDA’s November 7 notice, many States began submitting files to their vendors for full November benefits. FNS has not sent any new notice, much less any centralized or coherent guidance regarding how to navigate these unprecedented circumstances and what steps USDA will take to resolve the chaos created by its actions.

For instance, in Wisconsin, shortly following the District of Rhode Island’s November 6 order, and following USDA’s notice of appeal to the First Circuit -- but prior to the filing of a request to stay proceedings -- the Wisconsin Department of Health Services (DHS) submitted the full November benefits file to its vendor. The vendor then engaged in its normal processing steps, and full benefits were activated on EBT cards for Wisconsin beneficiaries at 12:01am Central Time on November 7. Wisconsin SNAP recipients have since been able to use their EBT cards to purchase food at participating retailers. At approximately 4:30am Central Time on November 7, however, the United States Treasury denied the transaction to authorize payment of full benefits in Wisconsin. As a result of the denial, the Treasury did not increase the Letter of Credit (LOC) on behalf of Wisconsin’s benefits payments, as it normally would. The federal government’s denial of authorization for these funds occurred despite the active court order and prior to the filing of any request from USDA for a stay of said order.

As a result, in Wisconsin, there are insufficient SNAP funds to reimburse retailers for the provisions sold to SNAP recipients. At this time Wisconsin has less than two days of cash remaining on the LOC based on current SNAP recipient spending. Wisconsin had a balance of about $19.5 million as of 10:00p.m. on November 7. The daily spend from 12:01a.m. through 10:00p.m. on November 7 was approximately $9.9 million. Without immediate action, Wisconsin DHS will likely exceed its LOC on Monday, November 10. Some States have likewise heard from their vendors that the LOC from the government to the vendors -- like Wisconsin’s letter -- is only extended for partial benefits, despite the fact that States began to process full benefits in reliance on the court order and, later, many on USDA’s representations in its November 7 notice.

A stay of the district court’s temporary restraining orders would introduce even more chaos to an already chaotic series of events caused by the federal defendants. The States have received no communications from USDA regarding resolution of full benefits that have now been disbursed or are in the process of disbursement by the States’ vendors. A stay of the district court’s temporary restraining orders would introduce even more chaos to an already chaotic series of events caused by the federal defendants. The States have received no communications from USDA regarding resolution of full benefits that have now been disbursed or are in the process of disbursement by the States’ vendors. The federal government or the States’ vendors may attempt to recoup funds from the States that the States’ residents have used to feed themselves and their families. In many cases, the delta between partial and full benefits is substantial -- and States could face demands to return hundreds of millions of dollars in the aggregate. . . .

Damn these feckless, immoral and lawless. . . monsters. The USDA on Trump's orders -- is actively trying to make it harder for state and local payors to do the right thing, during his "cruelty and chaos are the central goals" offensive.

For our part, we await a definitive ruling in the First Cir., then a dismissal -- at the Supremes. That would restore the balance. Still. . . damn them all.

नमस्ते