Advocates Appeal in Alaska SNAP Delay Lawsuit
FOR IMMEDIATE RELEASE: September 10, 2026
- Contact: Patrick Fowler | fowler@nclej.org
ALASKA — The National Center for Law and Economic Justice (NCLEJ) and Northern Justice Project filed an appeal to their lawsuit to ensure access to Supplemental Nutrition Assistance Program (SNAP) benefits for Alaskans. This action follows a May 2026 ruling in which the Alaska District Court denied the plaintiff’s motion for summary judgment and vacated the preliminary injunction against the state that has been in place since January 2025.
“The court’s disastrous May 2026 decision acknowledged that the State violated the SNAP act through their unacceptable processing delays, but found that vulnerable Alaskans were powerless to hold the State legally accountable for doing so,” said Saima Akthar, Senior Attorney at the National Center for Law and Economic Justice. “Thousands of Alaskan families continue to go hungry—we are appealing to hold the State accountable for these failures.”
“This appeal seeks to reopen the doors of the courthouse to the hungry Alaskans that are waiting months and months for their food stamps,” said Miye D’Oench, Staff Attorney at Northern Justice Project. “The State’s egregious delays are illegal and unconstitutional, and the District Court was wrong to find that Alaskans had no legal recourse.”
The appeal argues that the Alaska District Court erroneously interpreted the law in granting summary judgment to the State and dismissing Plaintiff’s claims under the SNAP Act and Due Process Clause of the federal Constitution.
- The Alaska District Court wrongly applied the Supreme Court’s recent ruling in Medina v. Planned Parenthood (2025). In analyzing how the Medina decision affects enforcement of the SNAP Act, the Alaska District Court failed to identify that the SNAP Act indeed has clear and unambiguous rights-creating language. In fact, Medina upheld the Supreme Court’s test in Gonzaga University v. Doe (2002) to examine whether Congress has conveyed individual rights within a federal law. Language within the SNAP Act clearly passes the Gonzaga test to be considered “rights-creating.”
- The Alaska District Court also wrongly dismissed the Plaintiff’s due process claims. Alaska’s failures to make SNAP eligibility determinations and issue benefits on time, and failure to provide notice of delays, constitute a violation of due process. The appeal requests the Court to reverse the May 2026 decision by the Alaska District Court and send the case back to the District Court for a summary judgment determination.
The appeal requests the Court to reverse the May 2026 decision by the Alaska District Court and send the case back to the District Court for a summary judgment determination.
Background:
NCLEJ and Northern Justice Project first filed the class action lawsuit in January 2023 against the Alaska Department of Health (DOH). Following this action, Alaska became the first state to receive a sharp warning from the federal government over their processing delays, reflecting the seriousness of their failure to administer SNAP.
On December 31, 2024, the Court issued a preliminary injunction against the State, directing the DOH to promptly process SNAP applications and recertifications within legal timeframes, provide written notice and opportunity for fair hearings when there were delays, and provide monthly status reports to the Court.
An application becomes overdue at 30 days. According to the State’s last report covering October 2025 to March 2026, non-expedited applications were processed timely at 46%, expedited applications at 25%, and recertifications at 31% – far short of the 95% rate considered acceptable by the federal government for states to be in compliance with legally mandated processing timeframes. Additionally, class members have routinely waited over three months to get a decision on their application.
The National Center for Law and Economic Justice (NCLEJ) advances racial and economic justice for low-income families, individuals, and communities across the country through ground-breaking impact litigation, policy advocacy, and support for grassroots organizing. Founded in 1965, NCLEJ protects access to critical benefits such as food stamps, Medicaid, and childcare; empowers low-wage workers, advocates for people with disabilities; and fights unlawful debt collection.
The Northern Justice Project represents Alaskans in complex lawsuits against the State and Federal Governments, and large corporations. They have a proven track record of significant victories for their clients. From Medicaid, to Native American rights, to Special Education access, to tenants’ rights and more, they have successfully won many cases that have made an incredible difference for people living in their communities.
###
