It's bad enough when Congress and federal agencies attach strings like this but when the executive, like literally the man not the branch, can effectively unilaterally write laws enforced by withholding unrelated funds we've reached a whole new level of throwing out the separation of powers.
Unsurprisingly, there is not often a consensus by the federal government to reduce its own power or for people whose tribe is in power to suggest that they devolve some of it back to the states.
And, like everywhere else, many food pantry shelves are empty.
It is in US Code 2027(a)(2):
- https://www.law.cornell.edu/uscode/text/7/2027
Let me expand ...
A shutdown due to insufficient vote is not considered a national disaster enough to trigger DSNAP disbursrment.
President, by Congressional law, are not authorized to disburse SNAP nor DSNAP during shutdown.
I know what you are thinking "but, But, ... BUT it's emergency SNAP", but it isn't: it's for a DISASTER SNAP.
So, my bet is a criminal judge making a administrative ruling will most likely be remanded by SCOTUS as to rewrite it (in which that renegade judge will be unable to do so), then get batted down by SCOTUS.
Emergency - https://www.law.cornell.edu/uscode/text/42/5122
DSNAP - https://www.ecfr.gov/current/title-7/part-280/section-280.1
I thought we are all victims of a disaster, including with commercial food distribution, hence the need for these emergency tariff actions? (Half tongue-in-cheek)
But on a more serious note, it’d be interesting to see what happens when emergency actions start interfering with interpretation of other emergency actions.
I think we await the appelate to chime in as to whether Congressional shutdown qualifies as "natural disaster".
I think that is a reach, and by design.
Hurricanes: 2017 (Harvey, Irma, Maria)
• Wildfires: 2021 (CA)
• Floods: 2008, 2022, 2025
• Tornadoes: 2025 (KY)
• Mudslides / Landslides: 2022, 2025
• Severe storms: 2025 (AR, WV, KY)
• Winter storms: 2023 (CA)
• Tropical storms: 2024 (NC, Tropical Storm Helene)
hdlothia•3mo ago
Hopefully some people at least get money for food in the mean time.
Acrobatic_Road•3mo ago
CiscoCodex•3mo ago
yesco•3mo ago
redserk•3mo ago
The problem is:
1) We never actually want to pull the levers
2) While some early politicians expressed concern about party politics, for nearly 250 years there have been very few actual changes that recognize the harm of very cohesive party politics. If anything, changes were made to further entrench the system (the competitive game of admitting states in the 19th century, rules that only recognize 2 major political parties at the state and federal level, etc)
dragonwriter•3mo ago
These two judges were Biden- and Obama-appointed judges but Trump had been losing on executive overreach before Reagan-, Bush- (both) and even Trump-appointed district judges fairly regularly, too.
SilverElfin•3mo ago
Stephen_0xFF•3mo ago
lazyasciiart•3mo ago