As a brief procedural history, there is a $9 billion shortfall due to the shutdown. The administration was ordered to pay $5 billion from its contingency SNAP fund. The administration had originally argued that fund could not be used during a lapse in appropriations. However, it ultimately acquiesced to the order and emptied that fund for partial SNAP payment. The order at issue is over using $4 billion allocated for other nutritional assistance programs to cover the remaining shortfall. Here's the administration's argument
Instead, a single district judge has imposed a different solution: after 5 p.m.
last night, he ordered the Department of Agriculture (USDA) to cover the SNAP
shortfall by transferring billions of dollars that were appropriated for different, critical food-security programs—such as the National School Lunch Program—within a
single business day (i.e., by tonight). That unprecedented injunction makes a mockery of the separation of powers. The core power of Congress is that of the purse, while
the Executive is tasked with allocating limited resources across competing priorities.
But here, the court below took the current shutdown as effective license to declare a
federal bankruptcy and appoint itself the trustee, charged with picking winners and
losers among those seeking some part of the limited pool of remaining federal funds.
The district court’s ruling is untenable at every turn. The court demanded that
USDA find some, any, way to fund SNAP, treating the program essentially as a mandatory entitlement. But the SNAP statute is explicit that SNAP benefits are subject
to available appropriations, and it states plainly that SNAP payments shall not exceed the funds appropriated for the program. Indeed, the statute and governing regulations specifically contemplate that, in the event of a shortfall in funding, USDA
will direct States to reduce their benefits—which is exactly what USDA did this week.
The President is Constitutionally charged to faithfully execute the laws, so from that perspective if he's been convinced by his lawyers that using the other funds to fund SNAP is illegal he's arguably compelled to fight against doing it until he's exhausted legal remedies. Trump has said himself that he wants to fund SNAP but won't do it illegally,
I do NOT want Americans to go hungry just because the Radical Democrats refuse to do the right thing and REOPEN THE GOVERNMENT. Therefore, I have instructed our lawyers to ask the Court to clarify how we can legally fund SNAP as soon as possible.
Note that this was in response to using the contingency funds which were ultimately disbursed, not the order that was appealed to the Supreme Court, but I'm not aware of anything publicly changing between this message and the SCOTUS appeal that would have indicated a change in reasoning.
It can of course be argued that Trump is not letting a good disaster go to waste here by claiming to be constrained by the law when he could probably get away with doing all this without court coercion. That is, Trump wanted to let SNAP recipients feel some fear that he hoped he can convince them was the Democrats' fault before ultimately paying out the benefits, or in the alternative he's lying about wanting to pay out but is trying to save face after the court loss. I'm not trying to assert his actual feelings, just what has been said in public.