Judge signals she may smack down Trump's latest gambit

A federal judge in Boston is giving warning signs that she may step in to stop the Trump administration's move to withhold emergency funding for the Supplemental Nutrition Assistance Program, also known as food stamps.

U.S. District Judge Indira Talwani "said she would work quickly to issue an emergency decision that could compel the administration to tap into the emergency funds, though she acknowledged that benefits will not be fully paid to millions of Americans by November 1," reported CNN on Thursday. "If the judge orders the government to use the emergency funds, many beneficiaries could face a delay in payments as the US Department of Agriculture and states work to get the system up and running again."

“Right now, Congress has put money in an emergency fund for an emergency and it’s hard for me to understand how this isn’t an emergency when there’s no money and a lot of people are needing their SNAP benefits,” Talwani said during a hearing.

Trump's decision not to tap into SNAP emergency funding in response to the federal government shutdown faced immediate litigation, with over two dozen Democratic state attorneys general, along with Democratic governors of red states including Kansas and Kentucky, suing to compel the administration to release the funds.

The shutdown has dragged on for weeks, as Democratic lawmakers refuse to contribute the votes to help Republicans reauthorize federal spending without negotiations on extending Affordable Care Act subsidies that are expiring for millions of people.

Another key concern from Democrats is language in funding that would guarantee Trump's budget director cannot unilaterally cancel funding Congress approves.