Dozens of Democratic attorneys general and governors are gearing up for a legal battle against President Donald Trump's administration. They are protesting its decision not to use emergency funds to ensure that food aid continues for 42 million Americans during the ongoing government shutdown. This lawsuit is set to be filed on Tuesday, as revealed by sources who spoke on the condition of anonymity.

In a memo released last Friday, Trump administration officials stated that they cannot legally access a $5 billion contingency fund for the Supplemental Nutrition Assistance Program (SNAP) to cover benefits in November. The memo highlighted that with $9 billion required for the month, there isn't enough time to distribute smaller payments across states.

This decision has been anticipated to face legal challenges, as reported by POLITICO. Meanwhile, internal sources say that the U.S. Department of Agriculture (USDA) is not actively seeking alternative funding solutions. However, some Republican lawmakers, particularly those representing districts heavily dependent on SNAP, are advocating for an interim legislative fix to prevent a disruption in food aid.

The Senate Republicans are split on their approach. A faction insists that the Democrats will be to blame if the government does not reopen in time to continue SNAP benefits. They point to a stopgap spending bill passed by the House last month, which Senate Democrats have resisted. Senate Majority Leader John Thune emphasized that the quickest solution to fund SNAP would be through a vote to reopen the government.

Despite this stance, a growing number of Senate Republicans, including some from Thune’s leadership team, are publicly supporting the need to fund SNAP independently of the broader government funding debate. Senator Shelley Moore Capito (R-W.Va.), who chairs the Senate GOP policy committee, expressed her support for a standalone SNAP bill, stressing the importance of the program’s continuity during the shutdown.

Senate Appropriations Chair Susan Collins, along with several other Republicans, backs a bill proposed by Senator Josh Hawley (R-Mo.) that aims to secure funding for SNAP. They are pushing for a Senate vote on this issue within the week. Collins also disclosed her efforts to persuade Agriculture Secretary Brooke Rollins to utilize the contingency funds, although she has yet to receive a response.

While bipartisan aides believe that a SNAP-specific bill would likely pass in the Senate, the challenge remains in getting unanimous consent to expedite the voting process. Behind the scenes, some Republicans express concern that allowing a vote on SNAP funding alone could diminish pressure on Democrats to negotiate on broader funding issues and potentially extend the shutdown duration.

As the political tug-of-war continues, the looming threat of millions facing a Thanksgiving without food aid adds urgency to resolving the funding impasse. Senators are expected to discuss these issues further during their Tuesday policy lunch.