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Matt Sutton
msutton@drugpolicy.org
Bipartisan and Bicameral Introduction of the RESTORE Act Draws Support from More than 150 Organizations Working to Fight Hunger and Poverty and Improve Reentry for Formerly Incarcerated People
WASHINGTON - Today, the RESTORE Act–legislation that would immediately repeal the lifetime federal ban on individuals with felony drug convictions from receiving Supplemental Nutrition Assistance Program (SNAP)–was introduced in the Senate by Sen. Cory Booker (D-NJ) and Sen. Raphael Warnock (D-GA), and in the House by Rep. Steve Cohen (D-TN) with Rep. John Rutherford (R-FL) as a cosponsor. Initial Senate co-sponsors include Sen. Alex Padilla (D-CA), Sen. John Fetterman (D-PA), Sen. Bernie Sanders (I-VT), Elizabeth Warren (D-MA) and Sen. Tina Smith (D-MN).
In response, Grant Smith, Deputy Director of the Office of Federal Affairs at the Drug Policy Alliance, released the following statement:
“Everyone should be able to access basic needs, especially food, regardless of felony drug convictions. As Congress takes up reauthorization of the Farm Bill and the federal food stamp program known as SNAP, it must include the RESTORE Act to repeal the lifetime ban on people with felony drug convictions. This incredibly foolish and cruel law denies people critical assistance getting food for themselves and their families simply because of a past drug conviction.
“This ban continues to be a painful reminder of the extensive harm Congress inflicted on communities–especially Black, Latinx, Indigenous and low-income communities–with the ‘tough on crime policies of the 80s and 90s. They gave no thought to the generations of harm this senseless policy would wreak on families and passed this ban after only two minutes of debate in 1996.
“Many people face poverty and food insecurity following release from incarceration. By denying help with food, the lifetime SNAP ban is counterproductive to successful reentry and efforts to reduce recidivism. It also disproportionately harms women and people of color, who are statistically more likely to be convicted of a felony drug violation. And it perpetuates stigma against people who use drugs, which can deter them from seeking treatment and emergency help for overdoses.
“Congress has worked in recent years on a bipartisan basis to repeal counterproductive lifetime consequences of a conviction, such as this, that undermine successful reentry. We urge Congress to once again take action to repeal the lifetime SNAP drug felony ban by including the RESTORE Act in this year’s Farm Bill.”
Senator Cory Booker (D-NJ):
"Denying individuals food assistance based on past drug convictions serves no public safety purpose and only perpetuates cycles of hunger, poverty, addiction, and recidivism," said Senator Booker. "We know that when people receive SNAP assistance, they are better able to successfully reenter their communities after incarceration and not return to the criminal justice system. I am proud to join my colleagues in introducing the RESTORE Act, which would repeal this harmful SNAP ban and reduce recidivism.”
Congressman Steve Cohen (D-TN):
“Thousands of people released from state and federal prisons each year re-enter society and find significant challenges, including lifetime bans on receiving food assistance. The RESTORE Act would repeal the 1996 ban on people with drug felony convictions receiving SNAP, and it would allow them to apply for the program before their release so that they can meet their basic needs on day one, reducing the likelihood of recidivism and increasing the quality of life for people hoping to reintegrate into their communities. I am pleased to be working with Congressman Rutherford and Senators Booker and Warnock on this needed reform.”
Background
The Drug Policy Alliance has been leading federal advocacy efforts to repeal the lifetime federal ban on individuals convicted of a drug felony from receiving Supplemental Nutrition Assistance Program (SNAP).
In 1996, Congress imposed the lifetime SNAP ban as a part of the welfare legislation signed by President Clinton. Although states can opt-out of enforcing this ban, state policymakers must affirmatively do so, and 22 states continue to limit SNAP eligibility for people with felony drug convictions. The RESTORE (Re-Entry Support Through Opportunities for Resources and Essentials) Act fully repeals this federal ban and eliminates the ability of states to continue to deny SNAP eligibility due to a felony drug conviction. The legislation also codifies a USDA administrative waiver to SNAP state agencies that allows individuals to apply for SNAP 30 days prior to their release from incarceration.
This lifetime ban disproportionately harms women who are incarcerated for drug crimes at higher rates than men as well as people of color disproportionately targeted by drug enforcement and incarcerated at much higher rates for drug crimes than whites. Individuals made ineligible by the ban already struggle to find and maintain employment because of a criminal record. Research has shown that newly released individuals are extremely likely to experience food insecurity. Barring access to basic nutritional assistance as individuals return to communities undermines successful transition to the community following involvement in the criminal legal system, especially now during this time of national crisis. Repealing the drug felony ban enables returning individuals to focus on securing employment and housing during this difficult time rather than having to figure out how they will put food on the table for themselves and their family.
The Drug Policy Alliance previously released a report, The Drug War Obstructs Public Benefits—as part of its Uprooting the Drug War initiative—detailing the way drug war policies have restricted access to public benefits.
The Drug Policy Alliance is the nation's leading organization promoting drug policies grounded in science, compassion, health and human rights.
(212) 613-8020"They’re dismantling our country. They’re looting our government. And they think we’ll just watch."
In communities across the United States and also overseas, coordinated "Hands Off" protests are taking place far and wide Saturday in the largest public rebuke yet to President Donald Trump and top henchman Elon Musk's assault on the workings of the federal government and a program of economic sabotage that is sacrificing the needs of working families to their authoritarian leanings and the greed of right-wing oligarchs.
According to the organizers' call to action:
They’re dismantling our country. They’re looting our government. And they think we’ll just watch.
On Saturday, April 5th, we rise up with one demand: Hands Off!
This is a nationwide mobilization to stop the most brazen power grab in modern history. Trump, Musk, and their billionaire cronies are orchestrating an all-out assault on our government, our economy, and our basic rights—enabled by Congress every step of the way. They want to strip America for parts—shuttering Social Security offices, firing essential workers, eliminating consumer protections, and gutting Medicaid—all to bankroll their billionaire tax scam.
They’re handing over our tax dollars, our public services, and our democracy to the ultra-rich. If we don’t fight now, there won’t be anything left to save.
More than 1,000 "Hands Off!" demonstrations—organized by a large coalition of unions, progressive advocacy groups, and pro-democracy watchdogs—first kicked off Saturday in European, followed by East Coast communities in the U.S., and were set to continue throughout the day at various times, depending on location. See here for a list of scheduled "Hands Off" events—or schedule one in your community.
"The United States has a president, not a king," said the progressive advocacy group People's Action, one of the group's involved in the actions, in an email to supporters on Saturday just as protest events kicked off in hundreds of cities and communities. "Donald Trump has, by every measure, been working to make himself a king. He has become unanswerable to the courts, Congress, and the American people."
Citing the Republican president's thirst for "power and greed," the group explained why organized pressure must be built and sustained against the administration, especially at the conclusion of a week in which the global economy was spun into disarray by Trump's tariff announcement, his attack on the rule of law continued, and the twice-elected president admitted he was "not joking" about the possibility of seeking a third term, which is barred by the constitution.
"He is destroying the economy with tariffs in order to pay for the tax cuts he wants to push through to enrich himself and his billionaire buddies," warned People's Action. "He has ordered the government to round up innocent people off of the streets and put them in detention centers without due process because they dared to speak out using their First Amendment rights. And he is not close to being done—by his own admission, he is planning to run for a third term, which the Constitution does not allow."
Live stream of Hands Off rally in Washington, D.C.:
Below are photo or video dispatches from demonstrations around the world on Saturday. Check back for updates...
United Kingdom
France
Germany
Belgium
Massachusetts
Maine:
Washington, D.C.:
New York:
Pennsylvania:
North Carolina:
The protest organizers warn that what Trump and Musk are up to "is not just corruption" and "not just mismanagement," but something far more sinister.
"This is a hostile takeover," they said, but vowed to fight back. "This is the moment where we say NO. No more looting, no more stealing, no more billionaires raiding our government while working people struggle to survive."
One legal expert called it "unquestionably a win for the Trump administration, but on remarkably narrow and modest terms."
Republican-appointed justices handed the second Trump administration its first win at the U.S. Supreme Court on Friday, allowing the Department of Education to temporarily freeze millions of dollars in grants intended to help states combat K-12 teacher shortages while a legal battle over the money plays out.
The emergency order was unsigned, but the three liberals—Justices Ketanji Brown Jackson, Elena Kagan, and Sonia Sotomayor—all dissented, and Chief Justice John Roberts noted that he "would deny the application" without offering further explanation. That means the decision came from the other five right-wingers, including three appointees of President Donald Trump.
The decision stems from a federal lawsuit filed in the District of Massachusetts by a coalition of Democratic state attorneys general last month after the U.S. Education Department "arbitrarily terminated approximately $600 million in critical grants" for two programs: the Teacher Quality Partnership (TQP) and Supporting Effective Educator Development (SEED).
The coalition's initial complaint explains that Congress authorized the funding "to address nationwide teacher shortages and improve teacher quality by educating, placing, and supporting new teachers in hard-to-staff schools, especially in rural and other underserved communities, and in hard-to-staff subjects, such as math and special education."
"The department's actions appear to encompass 'policy objectives' of ending disfavored but lawful efforts to promote diversity, equity, and inclusion—objectives that Congress expressly directed grantees to carry out in creating these programs, including by identifying that these teacher preparation programs should assist 'traditionally underserved' local education agencies... and ensure 'general education teachers receive training in providing instruction to diverse populations, including children with disabilities, limited English proficient students, and children from low-income families," the document details.
U.S. District Judge Myong Joun—an appointee of former President Joe Biden—found that the coalition was likely to succeed on the merits of its claims under the Administrative Procedure Act and issued the temporary restraining order sought by offiicals in California, Colorado, Illinois, Maryland, Massachusetts, New Jersey, New York, and Wisconsin.
However, the country's high court granted a stay on Friday, concluding that the Trump administration "is unlikely to recover the grant funds once they are disbursed," the plaintiff states "have the financial wherewithal to keep their programs running" during the legal fight, and if they "ultimately prevail, they can recover any wrongfully withheld funds through suit in an appropriate forum."
In a dissent that was under two pages, Kagan wrote that "nothing about this case demanded our immediate intervention. Rather than make new law on our emergency docket, we should have allowed the dispute to proceed in the ordinary way."
Jackson argued in her longer dissent, joined by Sotomayor, that "this court's eagerness to insert itself into this early stage of ongoing litigation over the lawfulness of the department's actions—even when doing so facilitates the infliction of significant harms on the plaintiff states, and even though the government has not bothered to press any argument that the department's harm‐causing conduct is lawful—is equal parts unprincipled and unfortunate. It is also entirely unwarranted."
In a footnote that drew attention from court watchers, Jackson accused the majority of handing the Trump administration "an early 'win'—a notch in its belt at the start of a legal battle in which the long-term prospects for its eventual success seem doubtful," and expressed concern that "permitting the emergency docket to be hijacked in this way, by parties with tangential legal questions unrelated to imminent harm, damages our institutional credibility."
I am fascinated by this fourth wall–breaking footnote from Justice Jackson criticizing the majority for handing the Trump administration "a notch in its belt at the start of a legal battle in which the long-term prospects for its eventual success seem doubtful." It's more about optics than law ...
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— Mark Joseph Stern ( @mjsdc.bsky.social) April 4, 2025 at 4:44 PM
Trump's billionaire education secretary, former wrestling executive Linda McMahon, welcomed the ruling as "an important step towards realizing the president's agenda to ensure that taxpayer funds that support education go toward meaningful learning and serving our students—not to train teachers in radical racial and gender ideologies."
Meanwhile, Steve Vladeck, CNN's Supreme Court analyst and a Georgetown University Law Center professor, said that Friday's decision "is unquestionably a win for the Trump administration, but on remarkably narrow and modest terms."
"It leaves open the possibility that the plaintiffs are going to win not just this case, but a bunch of other challenges to the government's cancellation of grants, while freezing the order in this specific case. And even that was a bridge too far for Chief Justice Roberts and the three Democratic appointees," he added. "It's a victory for the government, but a short-lived one that may soon be overtaken by far more significant losses in the other pending cases in which Trump has asked the justices to intervene."
CNN noted that the Supreme Court "has already resolved two emergency appeals from the Trump administration" and is still considering others on topics including Trump's efforts to end birthright citizenship and to invoke the Alien Enemies Act for mass deportations.
"The North Carolina Republican Party is one step closer to stealing an election in broad daylight," said one state Democrat.
Allison Riggs, a Democratic associate justice on the North Carolina Supreme Court, vowed to continue a legal battle over her narrow November victory after a state appeals panel on Friday took a major step toward invalidating more than 60,000 votes.
Riggs' GOP challenger, Judge Jefferson Griffin, lost by 734 votes—but rather than conceding, he has sought to have select ballots thrown out. In Friday's 2-1 decision, Republican Judges Fred Gore and John Tyson gave the targeted citizens 15 days to provide documentation to election workers confirming their eligibility to vote. If they don't do so, their votes could be discarded.
"We will be promptly appealing this deeply misinformed decision that threatens to disenfranchise more than 65,000 lawful voters and sets a dangerous precedent, allowing disappointed politicians to thwart the will of the people," Riggs said in a statement.
"North Carolinians elected me to keep my seat, and I swore an oath to the Constitution and the rule of law—so I will continue to stand up for the rights of voters in this state and stand in the way of those who would take power from the people," she added.
Since Riggs has recused herself from the case, only six of the North Carolina Supreme Court's justices will hear her appeal, "raising the possibility of a 3-3 deadlock," The News & Observerreported Friday.
As the Raleigh newspaper detailed:
If that were to happen, the most recent ruling of a lower court prevails, which means Friday's decision from the Court of Appeals could stand.
Riggs has said that if she loses at the state court level, she intends to return the case to federal court.
Republicans already hold a 5 to 2 majority on the state Supreme Court. If Griffin ultimately wins his case and replaces Riggs, that majority will grow to 6 to 1, further complicating Democrats' hopes to retake control of the court in coming elections.
Although the court fight is far from over, Griffin spokesperson Paul Shumaker and North Carolina GOP Chair Jason Simmons cheered Friday's decision, from which Democratic Judge Toby Hampson dissented.
Hampson's dissent begins by pointing out that Griffin "has yet to identify a single voter—among the tens of thousands petitioner challenges in this appeal—who was, in fact, ineligible to vote in the 2024 general election under the statutes, rules, and regulations in place in November 2024 governing that election."
"Changing the rules by which these lawful voters took part in our electoral process after the election to discard their otherwise valid votes in an attempt to alter the outcome of only one race among many on the ballot is directly counter to law, equity, and the Constitution," Hampson argued.
Democratic leaders in North Carolina and beyond also blasted the majority's decision. State Democratic Party Chair Anderson Clayton said that "Judge Tyson and Gore put party affiliation above the rights of North Carolina voters" when they "legitimized Jefferson Griffin's unconstitutional challenge" to tens of thousands of legally cast votes.
Reminder: From my legal and partisan sources, this ultimately gets decided based on how fed courts address military and overseas voters who didn't provide photo ID (and were expressly advised before election that they didn't need to). Why it matters: andersonalerts.substack.com/p/nc-supreme...
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— Bryan Anderson (@bryanranderson.bsky.social) April 4, 2025 at 2:23 PM
North Carolina House of Representatives Minority Leader Robert Reives (D-54) declared: "We cannot mince words at this point: The North Carolina Republican Party is one step closer to stealing an election in broad daylight. Justice Allison Riggs won her election—full stop. Our democracy continues to be tested, but we cannot allow it to break."
Democratic National Committee Chair Ken Martin warned that "this partisan decision has no legal basis and is an all-out assault on our democracy and the basic premise that voters decide who wins their elections, not the courts. If upheld, this could allow politicians across the country to overturn the will of the people."
"North Carolinians chose Allison Riggs to be their North Carolina Supreme Court justice," Martin stressed. "They won't stand for Republicans trying to take their votes away or those of active duty North Carolina military. It's six months past time for Jefferson Griffin to concede this race that he lost."
Bob Phillips, executive director of the nonpartisan voting rights organization Common Cause North Carolina, was similarly engaged, saying: "Today's ruling is a disgrace. This poorly conceived decision is an extreme overreach and sides with a sore loser candidate over the citizens of our state. If allowed to stand, the ruling would inject chaos into North Carolina's elections in ways that could disenfranchise tens of thousands of lawful voters and invite similar challenges nationwide."
Phillips continued:
Let's be clear: these North Carolina voters did absolutely nothing wrong. They followed the rules and cast ballots that should count. To say otherwise now is an affront to the rule of law and our Constitution.
If Griffin gets his way, never again will the people of North Carolina be able to have confidence in the outcome of our elections. Instead, Griffin's reckless lawsuit will open the door to an endless stream of other sore loser candidates who will attempt to throw out enough votes until they can cheat their way into office.
This fight is not over. We are confident that the courts will ultimately see Griffin's ploy for what it is: an unconstitutional attack on our freedom to vote.
"The people of North Carolina will continue to protest against Griffin's outrageous attack on our rights," he added, "as we continue our work to protect our family members, friends, and neighbors who are targeted by Griffin's disgraceful scheme."