Legal AF: "Trump Trapped at SCOTUS as Appeal Backfires"

Date: November 10, 2025
Host: Michael Popok (MeidasTouch Network)
Guests/Panelists: Ben Meiselas, Karen Friedman Agnifilo (briefly mentioned)

Episode Overview

This episode unpacks a whirlwind of legal maneuvers surrounding SNAP payments (Supplemental Nutrition Assistance Program) to low-income Americans, as the Trump administration attempts to halt billions in food aid during a government shutdown. Michael Popok masterfully breaks down a sequence of court rulings, highlights Justice Ketanji Brown Jackson’s clever legal strategy, and explains how the Trump team’s Supreme Court appeal appears to have backfired both politically and legally. The discussion is urgent, rich in legal insight, and peppered with real-time updates.

Key Discussion Points & Insights

1. The Battle Over SNAP Payments

[00:43]

• Roughly 1 in 8 Americans (about 42 million people) depend on SNAP every month.
• Amid the ongoing government shutdown, the Trump administration tries to withhold $3 billion in November SNAP payments after partially paying $5 billion.
• Recent district and circuit court rulings require the administration to pay the full $8 billion due to recipients.

2. Justice Ketanji Brown Jackson’s Tactical Move

[01:40]

• Judge Ketanji Brown Jackson, acting for the Supreme Court, grants a brief 48-hour stay—a move criticized by some, but described by Popok as "supremely smart and crafty."
• Her short stay ensures that if Trump loses at the First Circuit (which Popok predicted and was later confirmed), he’ll have to appeal to the full Supreme Court, publicly asking to continue withholding food benefits:

  "Now he’s forced to go... and ask the United States Supreme Court for permission to let Americans starve. That’s pretty crafty." (Michael Popok, 02:40)

• By structuring it this way, Jackson makes it politically and legally painful for Trump, as the administration had already paid $5 billion and thus undermined their own emergency appeal.

3. The Fast-Moving Legal Timeline

[03:30]

• Judge McConnell (Rhode Island): Orders full $8 billion payout; if partial payments made, must be justified—not “arbitrary or capricious.”
• Trump admin pays $5B, withholds $3B, and loses multiple appeals:
  • First Circuit denies stay, noting the administration is "likely to lose."
  • Supreme Court (Jackson) grants very temporary relief.
  • Trump team attempts to claw back $5 billion already distributed—court rapidly intervenes to block this.
  • Simultaneously, 23 state attorneys general (AGs from blue states) seek emergency relief in federal court.

4. First Circuit and Judge Rickelman's Strong Rebuke

[08:04]

• First Circuit panel (two Biden appointees, one Obama appointee; majority opinion by Judge Rickelman, former Center for Reproductive Rights litigator):

  “42 million people, 1 out of every 8 Americans use monthly benefits from the federal SNAP program to buy food for themselves and their families.”
  “For low-income Americans, SNAP is a vital bulwark against hunger and food insecurity. Access to food is... a basic human need. ... Without SNAP, tens of millions would go hungry, the first among a cascade of other health and financial harms... particularly in the months leading up to winter.”
  (Judge Rickelman, summarized by Popok, 08:45–09:45)

• The First Circuit refuses to block the lower-court order and asserts the Trump administration’s grounds for appeal are weak.

5. Judge Talwani’s New Temporary Restraining Order

[10:15]

• 23 Democratic attorneys general, including Rob Bonta (California), file for emergency court protection to stop any further interference with SNAP payments.
• Judge Indira Talwani halts Trump administration’s attempts to claw back billions already paid, pending a full hearing.
  • Orders USDA to pause any attempt to reduce or undo benefits until the November 13th hearing.

6. Political Context and Updates

[11:58]

• Trump’s legal team, via John Sauer, scrambles: files supplemental briefs, citing the Senate’s recent move toward ending the shutdown and funding SNAP (potentially moots emergency need, but uncertainties remain).
• Popok emphasizes the optics: the legal battle is now out in the open, and Trump must publicly "beg the full Supreme Court for permission to starve people." (12:50)

Notable Quotes & Memorable Moments

• Michael Popok [02:40]:
  “Now he’s forced to go today on an emergency filing and ask the United States Supreme Court for permission to let Americans starve. That’s pretty crafty...”
  (On the trap set by Justice Jackson)

• Judge Rickelman (via Popok) [09:10]:
  “Access to food is, of course, a basic human need. Further, food security is a critical factor in health and well-being... Without SNAP, tens of millions would go hungry, the first among a cascade of other health and financial harms... particularly in the months leading up to winter.”

• Michael Popok [12:50]:
  “That’s again Ketanji Brown Jackson forcing the Trump administration to beg the full Supreme Court for permission to starve people.”

• Popok on the speed and stakes [13:50]:
  "This is a fast-moving story. I’ll cover it here on Midas, on Legal AF YouTube, and on Legal AF Substack..."

Timestamps for Key Segments

• [00:43]—Opening/context: high stakes SNAP litigation
• [01:40–02:45]—Justice Jackson’s strategy: the 48-hour stay trap
• [03:30–05:30]—Judge McConnell’s orders and partial payment by Trump admin
• [08:04–09:48]—First Circuit opinion and Judge Rickelman’s language
• [10:15–11:53]—Massachusetts’ Judge Talwani halts Trump’s claw-back amid AGs’ emergency filing
• [11:53–12:55]—Latest briefing scramble, Senate shutdown developments
• [12:50–13:50]—Popok sums up the legal and political position

Summary and Takeaways

Legal AF delivers a lucid, real-time play-by-play of pivotal developments in federal courtrooms, with Michael Popok providing sharp, informed analysis. The Trump administration’s effort to restrict emergency food aid has met unified and resounding judicial resistance—and, thanks to Justice Ketanji Brown Jackson’s calculated move, Trump is compelled to either relent or make a politically unpalatable Supreme Court plea. The episode underscores the human impact (16 million affected children, 1 in 8 Americans) and highlights the judiciary’s role in upholding both law and basic dignity.

For further details, documents, and daily roundups, listeners are encouraged to consult the Legal AF Substack and YouTube channels.