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The Department of Justice has appealed a ruling that would require the USDA to fully cover SNAP and EBT benefits despite a lack of funding.
It appealed to the First Circuit Court this morning, following the ruling from a Rhode Island judge yesterday.
The Administration had elected to only partially fund the benefits, which have been under threat since Senate Democrats decided to block legislation to fund the government.
The DOJ argued in its appeal that the Rhode Island judge overstepped his authority in the order, saying, “This unprecedented injunction makes a mockery of the separation of powers. Courts hold neither the power to appropriate nor the power to spend. There is no lawful basis for an order that directs USDA to somehow find $4 billion in the metaphorical couch cushions.”