Case: Commonwealth of Massachusetts v. United States Department of Agriculture

1:25-cv-13165 | U.S. District Court for the District of Massachusetts

Filed Date: Oct. 28, 2025

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Case Summary

This case, along with related case, Rhode Island State Council of Churches v. Rollins, challenged the suspension of November 2025 SNAP benefits by the U.S. Department of Agriculture (USDA), allegedly as a result of the government shutdown that began October 1, 2025. On October 28, 2025, twenty-six states, the District of Columbia, and two governors, represented by their respective attorneys general, sued the USDA, the Secretary of the USDA, Office of Management and Budget (OMB), and the Directo…

This case, along with related case, Rhode Island State Council of Churches v. Rollins, challenged the suspension of November 2025 SNAP benefits by the U.S. Department of Agriculture (USDA), allegedly as a result of the government shutdown that began October 1, 2025.

On October 28, 2025, twenty-six states, the District of Columbia, and two governors, represented by their respective attorneys general, sued the USDA, the Secretary of the USDA, Office of Management and Budget (OMB), and the Director OMB for suspending SNAP benefits for November 2025 during a federal government shutdown in Massachusetts District Court. Plaintiffs argued that this suspension was unprecedented and illegal, as Congress has never before allowed SNAP benefits to lapse during a funding gap, and the USDA still possessed billions in contingency funds that could legally cover benefits. Filing under the Administrative Procedure Act (APA) and the Separation of Powers doctrine, plaintiffs sought declaratory and injunctive relief compelling USDA to immediately restore November 2025 SNAP benefits, an order prohibiting future unlawful suspensions, and attorneys’ fees and costs. The case was assigned to Judge Indira Talwani. 2025 WL 3092672.

Plaintiffs simultaneously filed a motion for a temporary restraining order (TRO). Plaintiffs claimed that they were likely to succeed on the merits because the suspension of SNAP benefits was both final agency action and contrary to law, as SNAP requires continued benefits where appropriated funds are available to pay the entitlements, and arbitrary and capricious. Plaintiffs also claimed that they would be irreparably harmed by the suspension of benefits. Plaintiffs enumerated countless harms, including aggravation of food insecurity in these states, which in turn would intensify other problems facing state populations (for example, negative health outcomes), meaning provision of other state services would be irreparably harmed. Plaintiffs further asserted that a balancing of the harms weighed in favor of a TRO. Defendants claimed that funding SNAP would pull funding away from other sources, but provided no reasoning or evidence as to why “a nationwide delay of essential benefits is not a contingency that the contingency fund [for a government shutdown] was created to address.” Plaintiffs claimed that this reasoning paled in comparison to the millions who would suffer without essential SNAP benefits to pay for food and the resulting ripple effects this would have on citizens and programs in each state.

On October 31, Judge Talwani did not grant plaintiffs’ motion for a TRO because plaintiffs could avoid irreparable harm if defendants funded SNAP benefits. Instead, Judge Talwani held that the suspension of SNAP was unlawful and gave defendants until no later than Monday, November 3 to “advise the court” whether they would authorize at least reduced SNAP benefits for November and, if so, whether they would use Contingency Funds only for reduced SNAP benefits or they would authorize full SNAP benefits using Contingency Funds and other available funds. Judge Talwani noted that the motion for a TRO remained “under advisement.” On November 4, defendants reported to the court that USDA would make “all of the Contingency Funds available to the States for a partial payment" but had “chosen not to deplete" discretionary funds for full payments.” 2025 WL 3040441.

On November 3, defendants notified the court that USDA was "making all of the Contingency Funds available to the States for a partial payment" but had "chosen not to deplete" discretionary funds for full payments. Defendants also provided a new benefits table to plaintiff States, to show the States what the proposed benefit reduction would look like. On November 4, plaintiffs notified the court that the USDA’s decision to provide partial benefits and the manner in which they intended to do so would not remedy the irreparable harm suffered by plaintiff States. Plaintiffs explained that defendants had represented to the States that it could take a few weeks but up to several months to implement these reduced benefits. Plaintiffs also stated that they had “concerns” that USDA did not follow the rules outlined in the statute (7 U.S.C. § 2027(c)) that imposes a procedure for reductions in benefits. On November 5, defendants filed updated benefits guidance to the States.

On November 6, plaintiffs filed a document that the court construed as an amended motion for a TRO, reflecting USDA’s partial payments and information regarding the payments, providing more detailed state-level implementation barriers to the partial benefits, and stating that USDA should be compelled to hold plaintiffs harmless against any errors in partial SNAP benefit implementation. On November 9, plaintiffs filed a further motion for a temporary restraining order, citing USDA's demands, made one day prior, that the plaintiffs "undo" efforts to administer full benefits or risk cancellation of the federal share of administrative costs and liability for resulting overissuances.

Judge Talwani granted the amended TRO in part on November 10 and stayed a November 8 order from the USDA directing states to return full SNAP funds if they had already been issued for November. In a ruling issued on the TRO on November 12, the court further directed the USDA to release SNAP benefits by noon on November 13, which, at a minimum, had to include the SNAP Contingency Funds that the USDA had previously agreed to release.The court declined to order the USDA to pay full November 2025 SNAP benefits, because that specific relief had already been granted by the Rhode Island District Court in a separate, nationwide TRO granted in Rhode Island State Council of Churches, and was now subject to decisions in the Supreme Court about whether to stay that order. The court also did not grant plaintiffs’ request that they not be penalized for errors in implementation of partial benefits, but did stay any enforcement of the USDA’s letters regarding partial payments of SNAP benefits because the USDA had issued contradictory and changing orders, some of which were contrary to law. 2025 WL 3155810.

Also on November 12, 2025, the government shutdown ended. The next day, USDA issued guidance to all SNAP state agencies to ensure full November allotments. Thereafter, the parties met and conferred on next steps in the litigation, with particular focus on: (1) whether USDA would agree not to penalize or otherwise retaliate against plaintiffs for taking steps to facilitate the issuance of benefits during the federal lapse in appropriations; (2) whether USDA would agree not to enforce any penalties or other consequences for errors made in issuing benefits in November, and (3) whether USDA intends to reimburse plaintiffs for state funding used to provide SNAP benefits during the shutdown. In a status report submitted to the court on November 25, the parties noted that additional guidance from USDA would be forthcoming, and agreed to extend the TRO until the court orders otherwise. On November 26, the court ordered that the TRO be extended pending further order; that the parties meet and confer and update the court no later than five days after the USDA issues the anticipated relevant guidance; and that all pending deadlines be held in abeyance through January 5, 2026, or as further directed by the court.

	Document
3 1:25-cv-13165	Plaintiffs' Motion for a Temporary Restraining Order	Oct. 28, 2025	Oct. 28, 2025 Pleading / Motion / Brief
1 1:25-cv-13165	Complaint for Declaratory and Injunctive Relief Commonwealth of Massachusetts et al. v. United States Department of Agriculture et al.	Oct. 28, 2025	Oct. 28, 2025 Complaint
101 1:25-cv-13165	Memorandum And Order Granting In Part Plaintiffs’ Motions For A Temporary Restraining Order Commonwealth of Massachusetts et al. v. United States Department of Agriculture et al.	Nov. 12, 2025	Nov. 12, 2025 Order/Opinion 2025 WL 3155810

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT against Russell Vought, U.S. Office of Management and Budget, United States Department of Agriculture, Brooke Rollins, UNITED STATES OF AMERICA Filing fee: $ 405, receipt number AMADC-11324373 (Fee Status: Filing Fee paid), filed by COMMONWEALTH OF MASSACHUSETTS, District of Columbia, Josh Shapiro, in his official capacity as Governor of the Commonwealth of Pennsylvania, Laura Kelly, in her official capacity as the Governor of Kansas, Office of the Governor ex rel. Andy Beshear, in his official capacity as Governor of the Commonwealth of Kentucky, State of Arizona, State of California, State of Colorado, State of Connecticut, State of Delaware, State of Hawaii, State of Illinois, State of Maine, State of Maryland, State of Michigan, State of Minnesota, State of Nevada, State of New Jersey, State of New Mexico, State of New York, State of North Carolina, State of Oregon, State of Rhode Island, State of Vermont, State of Washington, State of Wisconsin. (Attachments: # 1 Civil Cover Sheet, # 2 Category Form)(Pascucci, Michelle) (Entered: 10/28/2025) 1 Civil Cover Sheet View on PACER 2 Category Form View on PACER	Oct. 28, 2025	Oct. 28, 2025 Clearinghouse
2	ELECTRONIC NOTICE of Case Assignment. Judge Indira Talwani assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge Jessica D. Hedges. (JKK) (Entered: 10/28/2025)	Oct. 28, 2025	Oct. 28, 2025
3	MOTION for Temporary Restraining Order by Commonwealth of Massachusetts. (Attachments: # 1 Text of Proposed Order Exhibit A (Proposed Order))(Pascucci, Michelle) (Entered: 10/28/2025) 1 Text of Proposed Order Exhibit A (Proposed Order) View on RECAP	Oct. 28, 2025	Oct. 28, 2025 Clearinghouse
4	MEMORANDUM in Support re 3 MOTION for Temporary Restraining Order filed by Commonwealth of Massachusetts. (Pascucci, Michelle) (Entered: 10/28/2025)	Oct. 28, 2025	Oct. 28, 2025 RECAP
5	ELECTRONIC NOTICE Setting Hearing on Motion 3 MOTION for Temporary Restraining Order: Motion Hearing set for 10/30/2025 11:00 AM in Courtroom 9 (In person only) before Judge Indira Talwani. (GAM) (Entered: 10/28/2025)	Oct. 28, 2025	Oct. 28, 2025
6	Summons Issued as to Brooke Rollins, U.S. Office of Management and Budget, United States Department of Agriculture, United States of America, Russell Vought. Counsel receiving this notice electronically should download this summons, complete one for each defendant and serve it in accordance with Fed.R.Civ.P. 4 and LR 4.1. Summons will be mailed to plaintiff(s) not receiving notice electronically for completion of service. (SEC) (Entered: 10/28/2025)	Oct. 28, 2025	Oct. 28, 2025
7	DECLARATION re 3 MOTION for Temporary Restraining Order by Commonwealth of Massachusetts. (Attachments: # 1 Appendix Index of Exhibits, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Exhibit 9, # 11 Exhibit 10, # 12 Exhibit 11, # 13 Exhibit 12, # 14 Exhibit 13, # 15 Exhibit 14, # 16 Exhibit 15, # 17 Exhibit 16, # 18 Exhibit 17, # 19 Exhibit 18, # 20 Exhibit 19, # 21 Exhibit 20, # 22 Exhibit 21, # 23 Exhibit 22, # 24 Exhibit 23, # 25 Exhibit 24, # 26 Exhibit 25, # 27 Exhibit 26, # 28 Exhibit 27, # 29 Exhibit 28, # 30 Exhibit 29, # 31 Exhibit 30, # 32 Exhibit 31, # 33 Exhibit 32, # 34 Exhibit 33, # 35 Exhibit 34, # 36 Exhibit 35, # 37 Exhibit 36, # 38 Exhibit 37, # 39 Exhibit 38, # 40 Exhibit 39, # 41 Exhibit 40)(Pascucci, Michelle) (Entered: 10/28/2025)	Oct. 28, 2025	Oct. 28, 2025
8	Judge Indira Talwani: ELECTRONIC ORDER: Plaintiffs shall promptly serve a copy of Notice of Hearing on Motion for Temporary Restraining Order on Defendants and/or their counsel.(SEC) (Entered: 10/28/2025)	Oct. 28, 2025	Oct. 28, 2025
9	DECLARATION re 3 MOTION for Temporary Restraining Order of Jack Smalligan by Commonwealth of Massachusetts. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q)(Pascucci, Michelle) (Entered: 10/28/2025)	Oct. 28, 2025	Oct. 28, 2025
10	NOTICE of Appearance by Anna E. Lumelsky on behalf of Commonwealth of Massachusetts (Lumelsky, Anna) (Entered: 10/28/2025)	Oct. 28, 2025	Oct. 28, 2025
	Notice of Case Assignment	Oct. 28, 2025	Oct. 28, 2025
	Order	Oct. 28, 2025	Oct. 28, 2025
	Notice Setting or Resetting Hearing on Motion	Oct. 28, 2025	Oct. 28, 2025
11	NOTICE of Appearance by Katherine B. Dirks on behalf of Commonwealth of Massachusetts (Dirks, Katherine) (Entered: 10/29/2025)	Oct. 29, 2025	Oct. 29, 2025
12	NOTICE of Appearance by Jak Kundl on behalf of Commonwealth of Massachusetts (Kundl, Jak) (Entered: 10/29/2025)	Oct. 29, 2025	Oct. 29, 2025
13	NOTICE of Appearance by Rayford A. Farquhar on behalf of Brooke Rollins, U.S. Office of Management and Budget, United States Department of Agriculture, United States of America, Russell Vought (Farquhar, Rayford) (Entered: 10/29/2025)	Oct. 29, 2025	Oct. 29, 2025 RECAP
14	NOTICE of Appearance by Tyler J. Becker on behalf of Brooke Rollins, U.S. Office of Management and Budget, United States Department of Agriculture, United States of America, Russell Vought (Becker, Tyler) (Entered: 10/29/2025)	Oct. 29, 2025	Oct. 29, 2025 RECAP
15	DECLARATION (Second) of Michelle Pascucci by Commonwealth of Massachusetts, District of Columbia, Laura Kelly, Office of the Governor, ex rel. Andy Beshear, Josh Shapiro, State of Arizona, State of California, State of Colorado, State of Connecticut, State of Delaware, State of Hawaii, State of Illinois, State of Maine, State of Maryland, State of Michigan, State of Minnesota, State of Nevada, State of New Jersey, State of New Mexico, State of New York, State of North Carolina, State of Oregon, State of Rhode Island, State of Vermont, State of Washington, State of Wisconsin. (Attachments: # 1 Exhibit 41)(Dirks, Katherine) (Entered: 10/29/2025) 1 Exhibit 41 View on RECAP	Oct. 29, 2025	Oct. 29, 2025 RECAP
16	NOTICE of Appearance by Jason Altabet on behalf of Brooke Rollins, U.S. Office of Management and Budget, United States Department of Agriculture, United States of America, Russell Vought (Altabet, Jason) (Entered: 10/29/2025)	Oct. 29, 2025	Oct. 29, 2025
17	DECLARATION of Patrick A. Penn by Brooke Rollins, U.S. Office of Management and Budget, United States Department of Agriculture, United States of America, Russell Vought. (Altabet, Jason) (Entered: 10/29/2025)	Oct. 29, 2025	Oct. 29, 2025 RECAP
18	Opposition re 3 MOTION for Temporary Restraining Order filed by Brooke Rollins, U.S. Office of Management and Budget, United States Department of Agriculture, United States of America, Russell Vought. (Altabet, Jason) (Entered: 10/29/2025)	Oct. 29, 2025	Oct. 29, 2025 RECAP
19	NOTICE of Appearance by Vanessa Azniv Arslanian on behalf of Commonwealth of Massachusetts (Arslanian, Vanessa) (Entered: 10/30/2025)	Oct. 30, 2025	Oct. 30, 2025
20	Electronic Clerk's Notes for proceedings held before Judge Indira Talwani: Motion Hearing held on 10/30/2025 re 3 MOTION for Temporary Restraining Order filed by Commonwealth of Massachusetts. Case called. Court heard argument from counsel. Motion taken under advisement. Next Hearing set for 11/13/2025 02:30 PM in Courtroom 9 (In person only) before Judge Indira Talwani.(Court Reporter: Robert Paschal at rwp.reporter@gmail.com.) (Attorneys present: Jason Altabet, Tyler J. Becker, Vanessa Azniv Arslanian, Michelle R. Pascucci, Maria Buxton, Liza Hirsch, Cassandra Thomson (Pro Hac Counsel to file appearances)) (GAM) (Entered: 10/30/2025)	Oct. 30, 2025	Oct. 30, 2025
21	First MOTION for Leave to Appear Pro Hac Vice for admission of Neil Giovanatti, Daniel Ping Filing fee: $ 250, receipt number AMADC-11330819 by State of Michigan. (Attachments: # 1 Certification of Daniel Ping, # 2 Certification of Neil Giovanatti)(Kundl, Jak) (Entered: 10/30/2025) 1 Certification of Daniel Ping View on PACER 2 Certification of Neil Giovanatti View on PACER	Oct. 30, 2025	Oct. 30, 2025
22	First MOTION for Leave to Appear Pro Hac Vice for admission of James C. Luh Filing fee: $ 125, receipt number AMADC-11331137 by State of Maryland. (Attachments: # 1 Certification of James C. Luh)(Kundl, Jak) (Entered: 10/30/2025) 1 Certification of James C. Luh View on PACER	Oct. 30, 2025	Oct. 30, 2025
23	First MOTION for Leave to Appear Pro Hac Vice for admission of David Moskowitz, Tanya E. Wheeler Filing fee: $ 250, receipt number AMADC-11331269 by State of Colorado. (Attachments: # 1 Certification of Tanya E. Wheeler, # 2 Certification of David Moskowitz)(Kundl, Jak) (Entered: 10/30/2025)	Oct. 30, 2025	Oct. 30, 2025
24	First MOTION for Leave to Appear Pro Hac Vice for admission of Adrian W. Dellinger Filing fee: $ 125, receipt number AMADC-11331428 by State of North Carolina. (Attachments: # 1 Certification of Adrian W. Dellinger)(Kundl, Jak) (Entered: 10/30/2025)	Oct. 30, 2025	Oct. 30, 2025
25	NOTICE of Appearance by Leanne E. Hartmann on behalf of State of Oregon (Hartmann, Leanne) (Entered: 10/30/2025)	Oct. 30, 2025	Oct. 30, 2025 RECAP
	Motion Hearing AND ~Util - Set Motion and R&R Deadlines/Hearings	Oct. 30, 2025	Oct. 30, 2025
26	Judge Indira Talwani: MEMORANDUM AND ORDER entered. The Motion for a Temporary Restraining Order remains under advisement. No later than Monday, November 3, 2025, Defendants shall advise the court whether they will authorize at least reduced SNAP benefits for November and, if so, their timeline for determining whether to authorize only reduced SNAP benefits using the Contingency Funds or to authorize full SNAP benefits using both the Contingency Funds and additional available funds. (SEC)	Oct. 31, 2025	Oct. 31, 2025 RECAP
27	First MOTION for Leave to Appear Pro Hac Vice for admission of Harpreet Khera, Alice L. Riechers Filing fee: $ 250, receipt number AMADC-11333252 by State of Illinois. (Attachments: # 1 Certification of Harpreet Khera, # 2 Certification of Alice L. Riechers)(Kundl, Jak) (Entered: 10/31/2025)	Oct. 31, 2025	Oct. 31, 2025
28	First MOTION for Leave to Appear Pro Hac Vice for admission of Patricia McCooey Filing fee: $ 125, receipt number AMADC-11333274 by State of Connecticut. (Attachments: # 1 Certification of Patricia McCooey)(Kundl, Jak) (Entered: 10/31/2025)	Oct. 31, 2025	Oct. 31, 2025
29	First MOTION for Leave to Appear Pro Hac Vice for admission of Molly Thomas-Jensen, Mark Ladov Filing fee: $ 250, receipt number AMADC-11333321 by State of New York. (Attachments: # 1 Certification of Mark Ladov, # 2 Certification of Molly Thomas-Jensen)(Kundl, Jak) (Entered: 10/31/2025)	Oct. 31, 2025	Oct. 31, 2025
30	First MOTION for Leave to Appear Pro Hac Vice for admission of Faye B. Hipsman Filing fee: $ 125, receipt number BMADC-11333399 by State of Wisconsin. (Attachments: # 1 Certification of Faye B. Hipsman)(Kundl, Jak) (Entered: 10/31/2025)	Oct. 31, 2025	Oct. 31, 2025
31	NOTICE of Appearance by Michael C. Gilleran on behalf of State of Kansas (Gilleran, Michael) (Entered: 10/31/2025)	Oct. 31, 2025	Oct. 31, 2025 RECAP
32	Assented to MOTION File Amicus Brief by State of Kansas. (Attachments: # 1 Exhibit Proposed Amicus Brief)(Gilleran, Michael) (Entered: 10/31/2025) 1 Exhibit Proposed Amicus Brief View on RECAP	Oct. 31, 2025	Oct. 31, 2025 RECAP
33	First MOTION for Leave to Appear Pro Hac Vice for admission of Kalikoonlani D. Fernandes, David D. Day Filing fee: $ 250, receipt number AMADC-11333561 by State of Hawaii. (Attachments: # 1 Certification of Kalikoonlani D. Fernandes, # 2 Certification of David D. Day)(Kundl, Jak) (Entered: 10/31/2025)	Oct. 31, 2025	Oct. 31, 2025
34	First MOTION for Leave to Appear Pro Hac Vice for admission of Brendan Kreckel Filing fee: $ 125, receipt number AMADC-11333592 by State of Maine. (Attachments: # 1 Certification of Brendan Kreckel)(Kundl, Jak) (Entered: 10/31/2025)	Oct. 31, 2025	Oct. 31, 2025
35	Judge Indira Talwani: ELECTRONIC ORDER entered granting 21 Motion for Leave to Appear Pro Hac Vice; granting 22 Motion for Leave to Appear Pro Hac Vice; granting 23 Motion for Leave to Appear Pro Hac Vice; granting 24 Motion for Leave to Appear Pro Hac Vice; granting 27 Motion for Leave to Appear Pro Hac Vice; granting 28 Motion for Leave to Appear Pro Hac Vice; granting 29 Motion for Leave to Appear Pro Hac Vice; granting 30 Motion for Leave to Appear Pro Hac Vice. Added Neil Giovanatti, Daniel Ping, James C. Luh, David Moskowitz, Tanya E. Wheeler, Adrian W. Dellinger, Harpreet Khera, Alice L. Riechers, Patricia McCooey, Mark Ladov, Molly Thomas-Jensen, and Faye B. Hipsman. Attorneys admitted Pro Hac Vice must have an individual PACER account, not a shared firm account, to electronically file in the District of Massachusetts. To register for a PACER account, go the Pacer website at https://pacer.uscourts.gov/register-account. You must put the docket number under ADDITIONAL FILER INFORMATION on your form when registering or it will be rejected.Pro Hac Vice Admission Request Instructions https://www.mad.uscourts.gov/caseinfo/nextgen-pro-hac-vice.htm.A Notice of Appearance must be entered on the docket by each of the newly admitted attorneys. (SEC) (Entered: 10/31/2025)	Oct. 31, 2025	Oct. 31, 2025
36	NOTICE of Appearance by Neil Giovanatti on behalf of State of Michigan (Giovanatti, Neil) (Entered: 10/31/2025)	Oct. 31, 2025	Oct. 31, 2025

Case: Commonwealth of Massachusetts v. United States Department of Agriculture

1:25-cv-13165 | U.S. District Court for the District of Massachusetts

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