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Updated Nov. 7

The Trump administration late Friday asked the U.S. Supreme Court to allow it to make only partial payments to fund the Supplemental Nutrition Assistance Program during the government shutdown.

The move came after an appeals court declined to halt a lower federal court order requiring full payment of the November benefit, according to the Associated Press. The request to the high court came after officials in at least a half-dozen states confirmed that some SNAP recipients already were issued full November payments on Friday.

than 42 million Americans who rely on federal food assistance — 16 million of them children — will apparently get their full benefits this month, according to a U.S. Department of Agriculture memo sent to states Friday.

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Thememoobtained by several news outlets, was the latest pendulum swing in an ongoing legal battle over whether the Trump administration will be forced to fund the Supplemental Nutrition Assistance Program during the government shutdown.

Lawyers for the administration went before an appeals court Friday to try and overturn an order issued a day earlier by U.S. District Court Judge John McConnell saying it must provide full SNAP benefits by Friday.

While Patrick Penn, the deputy undersecretary of Food, Nutrition and Consumer Services, was informing states that the USDA “will complete the processes necessary to make funds available,” according to the memo, President Donald Trump and Vice President JD Vance were voicing their opposition to complying with the federal court.

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because “you have a federal judge effectively telling us what we have to do in the midst of a Democrat government shutdown.” Trump cited the country’s need to remain “very liquid” in the event of “catastrophes, wars” as a reason why the funding would not be forthcoming.

Gina Plata-Nino, the SNAP program director at The Food Research & Action Centercondemned the back-and-forth and the larger dispute that has left vulnerable children and families hanging in the balance.

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“It is unconscionable that the administration is using 42 million Americans as chess pieces that are going hungry,” she said. “Retailers rely on these benefits, and communities and states are being forced to step up, all because the president is holding back food assistance to use as leverage in ending the government shutdown.”

While the administration was pushing the federal appeals court for a decision by 4 p.m. Friday, several hours later none had been issued. It was unclear what the president might do if the appeals court ruled in its favor.

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Advocates say the continuing legal dispute is wreaking havoc.

“This is absolutely devastating,” said Erika Roberson, senior policy associate at The Institute for College Access & Success, a research and advocacy group that addresses issues like food insecurity in secondary education. “Food should not be politicized: Everyone has a human right to food.”

McConnell also said on Thursday that the administration did not comply with his previous order to fund SNAP.

The government agreed last week to a partial payout using U.S. Department of Agriculture contingency monies, but the judge said it must tap $4 billion in additional resources to ensure families receive their full November allotment.

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“People have gone without for too long,” McConnell said during the hearing.

Ian Coon, spokesman for the Alliance for Education, an independent, local education fund that supports Seattle Public Schools, called the judge’s initial and subsequent orders to fund SNAP a critical win for families.

“Our kids can’t continue to lose when adults don’t get along,” he said. “The uncertainty and distrust this has already sown will last a while and we are worried about what it will take to get this life-altering benefit back up and running in full.”

His group created an emergency food aid plan that would distribute up to $100 in gift cards to assist families in need.

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“As an organization committed to advancing educational outcomes,” he added, “we know that students cannot focus on learning when they are hungry or when families are forced to make impossible choices between groceries, rent, and other essentials.”

The USDA announced earlier this week that SNAP recipients would receive 65% of their typical November paymentup from an estimate of 50% last week. The greater percentage came after Trump took to Truth Social Tuesday to say he would defy the court order and halt SNAP altogether until the government reopened. The White House press secretary later walked back those comments.

Friday’s memo was the first indication that the government was willing to fully fund SNAP during what is now the longest government shutdown in history. SNAP benefits have historically not been cut off during prior shutdowns.

Trump’s landmark One Big Beautiful Bill Actsigned into law this summer, eliminated $186 billion from SNAP. Eligibility requirements also grew stringent, which affects the number of students who automatically qualify for free and reduced-price meals at school and the number of schools that can offer universal free meals to all their students.

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Nine states currently provide universal school meals. Voters in Colorado this week approved two ballot measures to preserve the state’s free school meals program, including one that will raise state income taxes on those earning $300,000 a year.

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