WASHINGTON - The Supreme Court has extended a temporary pause concerning a lower court's order on federal food assistance payments, giving the justices until November 13 to consider an emergency appeal from the Department of Agriculture.

The order, issued Tuesday, extends the administrative stay that was set to expire earlier this week. The stay will now remain in place until 11:59 p.m. EST on November 13, 2025. Justice Ketanji Brown Jackson noted in the order that she would have denied the request to extend the administrative stay and would have denied the underlying application for a pause.

The case centers on the Supplemental Nutrition Assistance Program (SNAP), which provides food aid to more than forty million people. The Department of Agriculture, led by Secretary Brooke Rollins, is challenging a district court order that would require the department to immediately use money from the Child Nutrition Programs to cover full SNAP benefits for November.

Supporters of the lower court's ruling are warning the Supreme Court that a continued delay in implementing the payments would prolong "irreparable harm" and deepen financial strain on cities and states across the country.

In a flurry of recent filings, groups opposing the government's request urged the high court to reject the application to pause the lower court’s ruling.

The government argues that the order is an unlawful attempt by the courts to reallocate federal funding and disrupts ongoing efforts in Congress to end the government shutdown. Secretary Rollins' brief stated that any lapse in SNAP funding is a "tragedy of Congress's creation."

Opponents of the government's request, including Pennsylvania Governor Josh Shapiro, argued that the government's justification for a pause is not defensible. They emphasized that more than forty million Americans, including sixteen million children and eight million elderly people, rely on this aid and have already been without the necessary funds for food.

The legal challenge began after the Department of Agriculture announced it would suspend all November SNAP benefits due to the government shutdown, even though funds had been appropriated. The department's later decision to only make partial payments was deemed unworkable by opposing groups, which argued that "logistical issues" meant participants in some states would wait weeks or months to receive any benefits.

A brief filed by twenty-four states and the governors of Kansas, Kentucky, and Pennsylvania focused on the "weeks of chaos and uncertainty" created by the Department of Agriculture's changing instructions. The states reported receiving four different official guidance documents from the Department in just a few days, at one point threatening penalties against states that had submitted files for full benefits.

The states also noted that implementing a partial payment system would force them to undergo complex administrative changes that would require significant time and effort in some cases. This delay, they argued, causes severe health problems for residents, including increased risk of chronic diseases and impaired growth in children. A temporary lack of food is also linked to school children struggling to focus.

In a separate filing, local governments and leaders from across the country detailed how the halt in funding has forced them to spend "significant resources" to cover the gaps. These efforts, which include cities like San Antonio distributing gift cards and counties working to prevent utility shut-offs, are not sustainable and cannot match the billions in federal SNAP funding needed each month.

The local leaders also pointed out that charities and businesses are under stress. Food banks, which are not designed to replace the government's role, struggle to meet the demand. According to one estimate, for every meal a food bank provides, the SNAP program typically covers nine. Local grocery stores and restaurants that rely heavily on SNAP purchases are also feeling the economic impact.

The Supreme Court is now expected to issue a final ruling on the government's application by Thursday, November 13.