re: Federal judge rules government can't prevent using SNAP to purchase energy drinks and soda

When SNAP “benefits” started (or whatever the specific precursor was) it was a source of temporary shame and embarrassment that recipient wanted to end as quick as possible,

Now there is ZERO shame for many recipients. It’s an expected part of their lifestyle. One that allows them to spend their money on superfluous luxury items because their basic needs (food, water and shelter) are subsidized by the “government”

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Google- she's the bitch that sent Paul Manafort and Roger Stone to prison because they are Republicans and she's a commie.

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Appointed by Obama (shocker)

She did send Jesse Jackson Jr to prison for 12 months though

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using SNAP to purchase energy drinks and soda

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Supplemental Nutrition Assistance Program

Makes sense.

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Activist judges need to be removed

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Explain how this is an activist ruling.

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Like most court decisions, yall are commenting on the policy and not the law. This was a statutory construction ruling - and probably the correct one. This is independent of the wisdom of the statute itself.

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This is correct. The desired outcome doesn’t override the legal analysis. Like it or not, sugary drinks and junk foods fall under the definition of “food” laid out by the statutes and regulations. There’s a mechanism to fix this- have congress redefine “food” to exclude these items, just like hot prepared meals. The ruling isn’t policy based. It’s pure statutory interpretation. It’s up to congress and the USDA to follow the procedure to make the change.

For context:

7 U.S.C. § 2012(k) defines food as:

“(1) any food or food product for home consumption except alcoholic beverages, tobacco, hot foods or hot food products ready for immediate consumption (other than those authorized under specific exceptions for certain populations, such as meals for the elderly, disabled, etc.), and any deposit fee in excess of the amount of the State fee reimbursement (if any) required to purchase any food or food product contained in a returnable bottle or can, regardless of whether the fee is included in the shelf price.”

It goes on to exclude seed and other things, but it doesn’t expressly carve out junk food and sugary drinks as part of the exclusions.

In 7 CFR § 271.2 tracks the statute’s definition of “food.” The USDA defines it as:

“(1) Any food or food product intended for human consumption except alcoholic beverages, tobacco, and hot foods and hot food products prepared for immediate consumption, and any excess deposit fee on returnable containers as described above”

These definitions are the basis for the ruling. That’s all. They don’t expressly prohibit junk food and sugar drinks. The prohibitions are effectively attempts at revising the legal definitions without going through the legal processes. Want a different result, get congress to revise the definition and then have the USDA go through the required rule making process to revise it in the regs. to match the statutory definition.

And, I say this as someone who agrees with the policy.

This is what drives me nuts with the folks who say they want to “abolish” the 2A, but want to use congress, regs., and courts to do it. There’s a simple solution for them- follow the process and call a constitutional convention to get an amendment. But, that’s not going to happen.

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Can’t get hot food but you CAN get Oreos and Pepsi…. Make it make sense.

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What needs to stop is the cash back BS. I've been behind EBT folks who buys 1 item (usually under $1) then ask for the max cash back allowed per transaction then rinse and repeat. All the while there's a huge line forming of real paying customers.


Even if they are told they can no longer purchase junk food with their EBT card, they'll just withdraw cash and buy it anyway.

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They can do that???

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He is kinda right but mainly wrong. You can't get cash from your SNAP balance but if you have other assistance like TANF you can get cash back from that balance.

the funny thing is that the debit card was an attempt to eliminate the cash back…back when it was actual stamps the store would return any money left over from the stamp value in cash

Just go back to doling out free government cheese.