Kansas judge dismisses Kobach’s lawsuit over governor’s refusal to give food program data to feds

A Kansas District Court Judge dismissed a lawsuit filed by Attorney General Kris Kobach attempting to force Gov. Laura Kelly's administration to turn over food program data to the federal government. (Sherman Smith/Kansas Reflector)

TOPEKA — A Kansas district court judge on Tuesday dismissed a case filed by Attorney General Kris Kobach that challenged the right of Gov. Laura Kelly’s administration to withhold Kansans’ personal data from the federal government.

In a 21-page order, Judge Teresa Watson sided with Department for Children and Families secretary Laura Howard, citing multiple issues with Kobach’s request to force the release of data related to the Supplemental Nutrition Assistance Program.

The federal government’s Food and Nutrition Services program in May began demanding the release of personal information of people who have applied for or used the SNAP program. Howard repeatedly denied the release, pointing to regulations guiding how data should be shared between agencies.

Kobach took Howard and the state to court to force the release of the data, indicating in court filings that he believes compliance is required by state and federal law. He also expressed concern that $10.4 million related to SNAP administrative funding would be withheld from Kansas by the federal government because of the failure to turn over the data.

“We disagree with the judge’s interpretation of ripeness and are considering an appeal. Regardless, the governor continues to defy Kansas law,” Kobach said in a statement to Kansas Reflector. “Needy Kansans have now lost $10.4 million in food assistance because of her political theatrics. That money is not coming back.”

Ripeness refers to part of Watson’s reasoning for choosing to dismiss the case and refers to whether a case is developed and appropriate to be heard.

Watson said the ripeness requirement prevents courts from becoming entangled in abstract disagreements. In this case, she found that because the state has filed an appeal and the full administrative review process has not been completed, the case is not “ripe.”

Kelly, in a news release, accused Kobach of engaging in “low-rent political theater, wasting taxpayer dollars, and spreading misinformation.” She emphasized that no money has been lost from federal funding for SNAP administrative costs.

“I appreciate the court granting my administration’s motion to dismiss the lawsuit on the grounds that the Attorney General’s actions were premature as we continue through the USDA’s administrative review process and that my administration does not have a legal duty to turn over Kansans’ personal information at this time,” Kelly said.

Watson stated in her decision that considering the duties of Howard and the Kansas administration to work with the federal program doesn’t mean that they must “perform in a prescribed manner without regard to the exercise of judgment.”

The Food and Nutrition Services department offers a multi-step administrative process to appeal the decisions to withhold any dollars from Kansas, and the state has filed an appeal, Watson said.

“The comprehensive administrative review available for the disallowance itself (suggests) that the state agency has some discretion in deciding how to respond to the request for SNAP participant data — or at least gives rise to the possibility of a ‘substantial dispute’ about how to respond,” Watson wrote.

Kelly’s news release said Kobach has made false claims multiple times that the state has lost $10.4 million in administrative funding.

“After the (U.S. Department of Agriculture) rejected the Kansas Department for Children and Families (DCF) Corrective Action Proposal, DCF filed an appeal with the USDA,” the news release said. “The filing of that appeal immediately prevented the USDA from withholding the $10.4 million.”

Kobach disagreed. 

“It is laughable to suggest that she will be able to persuade the USDA to change its decision,” he said. “And now, because of the governor’s desire to thumb her nose at the Trump administration, needy Kansans will lose another $10.4 million of food assistance in December.”

The $10.4 million funding loss, if upheld after the appeal, will occur quarterly until the state turns over the data, according to a USDA letter sent to the state. The dollars are designated for administrative cost and do not affect SNAP recipients.