On Friday, the Trump administration made a significant move by appealing to the court to halt an order requiring states to issue complete Supplemental Nutrition Assistance Program (SNAP) benefits by the end of the week. This appeal was directed to the 1st U.S. Circuit Court of Appeals, as the administration sought immediate intervention.

The Justice Department criticized the lower court’s decision as “unprecedented,” arguing that it undermines the principles of separation of powers. The administration’s emergency request underscored the belief that the crisis at hand stems from legislative shortcomings, which, they argued, only Congress has the power to rectify.

In a motion submitted to the court, the Justice Department emphasized the urgency of the matter, requesting a decision by Friday afternoon. In response, the 1st Circuit instructed the cities and organizations involved in the lawsuit to submit their written arguments by noon Eastern Time.

This legal clash follows a ruling by U.S. District Judge John McConnell, who determined that the administration’s plan to distribute partial SNAP benefits during the government shutdown was inadequate. Judge McConnell mandated that the administration find alternative funds to ensure full benefit payments are made, highlighting the ongoing tension and complexity surrounding the issue.

One day earlier, U.S. District Judge John McConnell ruled the administration’s plan to provide partial SNAP benefits for November during the shutdown wasn’t sufficient and it was obligated to tap other funds to dole out full payments.

It spurred the administration to begin appealing. It is taking the fast track in advance of McConnell’s Friday deadline for the federal government to get the full payments to states, which distribute the benefits to roughly 42 million recipients. 

The administration has argued the shutdown effectively means there is no SNAP program, and its hands are tied until Congress passes a funding deal. 

“Courts are charged with enforcing the law, but the law is explicit that SNAP benefits are subject to available appropriations,” the Justice Department’s new filing reads. 

“Indeed, governing regulations contemplate that, in the event of a shortfall in funding, USDA will direct the States to reduce their benefit allotments—which is precisely what USDA did this week.” 

McConnell, an appointee of former President Obama, last week ruled that the administration was required to deplete a roughly $5 billion emergency fund, at minimum. It’s not enough to cover the full November payments, estimated to cost upwards of $9 billion. 

The Trump administration then said it would do so but warned that the partial payments could spark weekslong delays in some states as recalculations are ironed out. McConnell said Thursday the plan was arbitrary and capricious, so the administration needed to get the full payments out. 

“We shouldn’t have to force the President to care for his citizens, but we will do whatever is necessary to protect people and communities,” Skye Perryman, president of Democracy Forward, a left-leaning legal group that represents the plaintiffs, said in a statement Thursday.