Gov. Evers Releases Statement Regarding FoodShare Lawsuits

MADISON — Gov. Tony Evers today released a statement regarding two lawsuits affecting Wisconsin FoodShare, also known as SNAP (Supplemental Nutrition Assistance Program), fighting against the Trump Administration’s decision not to use available federal funding to extend food assistance into November, forcing nearly 700,000 Wisconsinites who rely on FoodShare to lose access to basic food necessities tomorrow, November 1.

“The good news is that the Courts agree with what we’ve said all along, which is that the Trump Administration should have—and could have—taken action sooner to prevent November food assistance from lapsing for millions of Americans, including for nearly 700,000 Wisconsinites. But now, the damage is done,” said Gov. Evers.

“Starting tomorrow, kids, families, and seniors across our state will be without the assistance they need for basic food and groceries, and there’s no excuse for it—none. So, while we wait to see if the Trump Administration will follow court orders and the law and do the right thing, here in Wisconsin, we must continue to prepare for the worst.”

Based on a recent Trump Administration directive, Wisconsin FoodShare, which is 100 percent funded by the federal government, remains in jeopardy and is set to end tomorrow, November 1, due to the federal government shutdown. In response, Gov. Evers last week urged the Trump Administration to take swift and immediate steps to use billions of dollars in federal funding already available to extend food assistance into November, preventing Wisconsinites from losing access to basic goods and groceries. In an October 22 letter to the Trump Administration, the governor urged the USDA to use powers already authorized under federal law to transfer existing and available federal funding to sustain SNAP benefits during the ongoing lapse in appropriations, which would enable Wisconsin FoodShare to continue to provide benefits into the month of November and delay nearly 700,000 Wisconsinites, including nearly 270,000 kids, from losing access to basic food and groceries. The next day, more than 40 U.S. Senators, including U.S. Sen. Tammy Baldwin (D-Wisconsin), also urged the USDA to release the billions of dollars at their disposal to continue the food assistance program.

In addition to joining a coalition of governors and sending the Trump Administration a letter urging the release the billions of dollars at their disposal to continue the food assistance program, Gov. Evers earlier this week also announced Wisconsin would be joining a lawsuit aimed at requiring the Trump Administration to follow federal law—and its own past practice—by using readily available federal funding to prevent millions of Americans from having to go hungry and losing access to food assistance due to the federal government shutdown.

Today, a U.S. District Court judge in the case issued a written opinion clarifying that the Trump Administration is “required to use those Contingency Funds” for the SNAP program, as Gov. Evers has repeatedly said to the Trump Administration over the course of the last week. The judge ultimately stopped short of issuing a temporary restraining order or other legal orders requiring the Trump Administration to act immediately to do so, and instead, ordered the Trump Administration to respond by Mon., Nov. 3, 2025, as to whether the administration will use contingency funds or fully fund the program using contingency and other federal funding available.

In a different but related case in Rhode Island, in which Wisconsin is not a plaintiff, a judge verbally granted a temporary restraining order and ordered the USDA to distribute contingency funds. However, the judge directed the USDA to give a status report to the court on Mon., Nov. 3, 2025, and more details about the court’s ruling and the USDA’s response are expected at that time. It remains unclear whether the USDA will comply, and they have already filed a motion with the court asking for a written order due to the lack of clarity and “operational difficulties” involved with compliance. Additionally, just hours before the two opinions were later released this afternoon, the Trump Administration refused to commit to releasing the funds even if they were ordered to do so by a court, according to reporting from CNN.

It is unclear as of now whether the Trump Administration plans to release the funding, when funding could be released, or how much funding will be available if the Trump Administration decides to release it. Until the Trump Administration releases the USDA funding and provides updated information to states regarding how to pay SNAP benefits, November FoodShare benefits will not be able to be paid. Benefits will continue to be paused in Wisconsin and across the nation as states await more information from the Trump Administration and the USDA. Unfortunately, because the federal government shutdown had not ended and the Trump Administration had not released any funding by the end of last week, the Wisconsin Department of Health Services was forced to announce that November benefits would be delayed in any case, based on how FoodShare payments are submitted and processed.

“The bottom line is this: we wouldn’t be in this situation if the Trump Administration simply followed the law and used federal funding they know damn well is available to prevent this from happening,” said Gov. Evers. “This is a mess, and the people of Wisconsin and America deserve better than President Trump and Republicans who are watching this happen in real time and refusing to do anything to stop it.”

Unlike other states, the governor of Wisconsin does not have the power to appropriate funding by executive order or unilateral mechanisms that would continue funding FoodShare benefits or other resources to food pantries. Appropriating funding to help continue providing Wisconsin FoodShare benefits or support would require a bill to be passed by both houses of the Republican-controlled Wisconsin State Legislature, which have so far indicated they have no intention or plans to do so.

Nevertheless, Gov. Evers later today will be issuing an executive order declaring a state of emergency related to the ongoing federal government shutdown that is jeopardizing access to critical resources and programs that are necessary for the health, safety, well-being, and economic security of Wisconsinites and calling for state agencies to take a whole-of-government response to the situation. Additional details about the order will be released later today.

NOTE: This press release was submitted to Urban Milwaukee and was not written by an Urban Milwaukee writer. While it is believed to be reliable, Urban Milwaukee does not guarantee its accuracy or completeness.