Here’s our case that the Agriculture Department has the funds to keep SNAP going, but is choosing not to use them. (We're in court today.) It boils down to one thing: The Agriculture Department is falsely claiming it cannot use its $6b emergency fund to prevent SNAP from shutting down. Yes, the government is in a shutdown - and yes, the emergency fund would eventually run out if this continues. But right now, the Department has $6 billion in emergency reserves sitting untouched, and that’s the reason SNAP payments are about to stop. The Department is claiming they can’t use their emergency fund for this, but we know that is false for three reasons: 1. In creating the emergency fund, Congress was very clear: the fund is for use “in such amounts and at such times as may become necessary to carry out program operations.” 2. During the last shutdown, in January 2019, the Department said they could use the emergency fund for SNAP, stating that “limited funding is available from the contingency [fund] that can be used to provide benefits for February. This reserve is being used to fund recertifications and new applications through February.” 3. About a month ago, the Department published a plan for how they’d deal with a government shutdown, and explicitly said they could tap the emergency fund if needed. Read their words for yourself: "Congressional intent is evident that SNAP’s operations should continue since the program has been provided with multi-year contingency funds that can be used for State Administrative Expenses to ensure that the State can also continue operations during a Federal Government shutdown. These multi-year contingency funds are also available to fund participant benefits in the event that a lapse occurs in the middle of the fiscal year." But now - with less than one week’s notice - the Department has reversed itself and decided to let the $6 billion emergency fund sit on the shelf. So let's be clear: the Agriculture Department has the money, and they can use it to keep SNAP going. Their assertion to the contrary is simply false. That’s the basis of our lawsuit, and our first hearing - requesting an immediate order to provide the funds - is today. However, even if we win, it is certainly true that these emergency funds wouldn’t last long. They should be used immediately to prevent a hunger crisis for about 16 million kids - and 1.7 million babies - but the shutdown must end quickly or SNAP really will run out of money and the crisis will be unavoidable at that point. That’s the latest. More soon. - AG Jeff Jackson