The Brief

A coalition of more than two dozen Democratic attorneys general and Democratic governors from three states are suing the Trump administration over its decision to suspend federal food benefits during the government shutdown.

The lawsuit, filed in the U.S. District Court of Massachusetts Tuesday, comes as the White House continues to blame Democrats for the termination of food benefits for low-income Americans during the government shutdown.

The Supplemental Nutrition Assistance Program (SNAP) is a mandatory entitlement program that provides about 1 in 8 U.S. residents an average of $187 a month in food aid. But the roughly $8 billion a month to fund SNAP benefits comes through annual congressional appropriations, which lapsed Oct. 1.

A new banner atop the U.S. Department of Agriculture's (USDA) website published Saturday says "the well has run dry" and that Senate Democrats are responsible for the department's decision not to send out benefits Nov. 1.

It's one of several politicized agency messages released during the shutdown in ways that experts say could be a violation of federal ethics laws.

A USDA memo provided to NPR by the federal agency stated that SNAP contingency funds "are only available to supplement regular monthly benefits when amounts have been appropriated for, but are insufficient to cover, benefits." Those contingency funds, which currently total just under $6 billion, are intended by law "for use only in such amounts and at such times as may become necessary to carry out program operations."

Friday's unsigned USDA memo argues that the contingency fund is not available to support FY 2026 regular benefits, because the appropriation for regular benefits no longer exists.

Yet details about the USDA's shutdown lapse plan posted on its website before Oct. 1 say "Congressional intent is evident that SNAP's operations should continue" in the case of a shutdown, citing the multi-year contingency funds that were created to help cover administrative expenses for states "to ensure that the state can also continue operations during a Federal Government shutdown."

"These multi-year contingency funds are also available to fund participant benefits in the event that a lapse occurs in the middle of the fiscal year," an explanation of the USDA shutdown plan continued.

That plan has since been removed from the USDA's website.

The White House did not respond to NPR's questions about why the lapse plan was removed from the USDA's website or the apparent change in SNAP funding guidance.

Funding decisions affect who does or does not receive benefits

Many budget experts disagree with the administration's explanation and tell NPR that SNAP funding is being used as a political cudgel in the ongoing shutdown.

"If you have an entitlement to something, and you have money that can fill that use, then you must fill that use," Bobby Kogan with the center-left Center for American Progress said.

"When they say 'Oh, no, it's not for benefits!' What do you think SNAP is? What do you think a program operation for SNAP is other than benefits?"

Kogan also points to the administration's transfer of $300 million to continue funding the Special Supplemental Nutrition Program for Women, Infants, and Children, also known as WIC, as a pathway to keep SNAP benefits going.

According to federal budget documents, the Trump administration transferred the $300 million for WIC from a state child nutrition programs account that is funded in part by customs duties collected the prior calendar year.

Those Section 32 funds are separate from the increased revenue generated from sweeping tariffs imposed by President Trump in recent months. That $23 billion is also a source that the administration says it won't tap for SNAP, arguing it would jeopardize money for school meals and infant formula.

The Trump administration has taken several steps throughout the shutdown to move money around to fund priorities, like a directive to pay active-duty military members using an unexpired defense research fund that some budget experts say violates spending laws.

A White House memo directed Defense Secretary Pete Hegseth to find money within the department's budget that had "a reasonable, logical relationship to the pay and allowances of military personnel, consistent with applicable law."

Devin O'Connor with the left-leaning Center on Budget and Policy Priorities said that the USDA lapse plan and the way previous potential SNAP shortfalls were handled —including during Trump's first term — shows that the contingency fund accounts are supposed to be used for a case like this.

Still, O'Connor said the federal government and its programs are not designed to withstand a lapse in funding.

"When you shut down the government, bad things happen, and the longer the government is shut down, the more bad things will happen," he said. "And even with the Trump administration taking relatively aggressive actions to try to prevent certain harms over time, it's just going to grow and it's going to become more and more painful."

A new analysis of alerts sent during the Eaton Fire found “no failure” by emergency officials to issue timely evacuation orders to areas west of Lake Avenue in Altadena.

The timing of alerts to neighborhoods west of Lake, where all but one of 19 deaths in that fire occurred, has been under scrutiny since the January 2025 fire.

The independent report by Citygate Associates was commissioned by the L.A. County Fire Department at the start of this year and was released Monday.

Its conclusions are similar to those of after-action reports from other firms — that officials did the best they could amid unprecedented fire conditions and strained resources.

“While the report provides an honest account of our operations, we recognize that no investigation can truly capture the horror and tragedy residents endured,” said L.A. County Fire Chief Anthony Marrone in a prepared statement. “My focus is to ensure that the lessons learned from the Eaton and Palisades fires are turned into lasting changes that will better protect our residents and neighborhoods into the future.”

Altadena resident Zaire Calvin — whose sister died in the fire and whose own home burned down — said the report feels like another “slap in the face.” He said he wanted to see details on any mistakes that may have been made. But reading the report, he felt blame was once again largely placed on unprecedented fire conditions.

“A  community that's already down, a community that's fighting for their lives, a community that's fighting all of the people trying to take property from them — at some point you just want accountability,” Calvin said.

L.A. County Supervisor Kathryn Barger, who represents Altadena, said in a prepared statement that the “investigation should not be interpreted as dismissing the experiences of residents. Public trust requires both accountability and a willingness to learn from every aspect of a disaster response.”

Citygate Associates, which produced an after-action report on the 2018 Woolsey Fire, used interviews, operational records, dispatch records and internal communications to analyze decisionmaking between 9 p.m. on Jan. 7, 2025, and 6 a.m. the following day.

Some of the main findings include the following:

• With aircraft grounded by  high winds, “Incident Command was forced to fight a fire while blind to its movements.” 
• Evacuation decisions were not based on “race, age or socioeconomics.” 
• “Evacuation planners who created the evacuation zone areas well before the fire tried to use, where possible, major north/south and east/west streets. … Thus, Lake Avenue was a natural, very long street that could be utilized as an anchor for creating evacuation zones.” 
• Other fire timeline reviews cite reports of fire moving westward between 11 p.m. and just before midnight, but Citygate staffers write that strained resources were focused on the eastern front of the fire at that time, which was the direction the fire was initially spreading, and that “fire progression maps … do not show the the Eaton Fire directly impacting western neighborhoods at that time.” 
• The fire initially spread westward more slowly, and did not escalate significantly until early in the morning on Jan. 8.
• Reports of fires before 1 a.m. west of Lake Avenue were likely a result of downed power lines.
• By 2 a.m., radio reports indicated embers were being cast deeper into Altadena. 
• Discussions to expand evacuation orders west started at 2:18 a.m., with evacuation orders being sent to residents west of Lake by 3:25 a.m. 
• The main fire front crossed west of Lake Avenue by about 5:15 a.m. 

Find the full report here. 

Huntington Beach must pay $50,000 for each month it continues to fail to comply with the state’s mandate to zone for more housing, according to a recent court ruling. For several years now, the city has been waging a court battle against the state's order to make way for 40,000 new homes.

The judge ruled that the city should be penalized $10,000 per month going back to January 2025, and then fined $50,000 per month, starting next month, until the city gets a compliant housing element approved.

The backstory

State law requires California cities and counties to plan for enough housing to meet the expected demand over an eight-year time period, including for low-income housing. Huntington Beach, citing its independence as a charter city, has fought its most recent housing allocation all the way up to the U.S. Supreme Court, which declined to review the case last year.

Does the state require cities to actually build that many homes?

No. Cities are not required to actually build housing, but rather to make sure their zoning and land use codes accommodate the amount of housing assigned to them through what’s known as the Regional Housing Needs Assessment (RHNA).

What does the city say?

In a statement, Casey McKeon, the city’s mayor, said the city “strongly opposes these penalties and will continue fighting for the rights of our residents and for the principle of local control against ongoing efforts by the Attorney General to centralize land use authority in Sacramento.”

Is Huntington Beach an outlier?

Yes. Huntington Beach is an outlier in its aggressive fight against the state housing mandates. More than 90% of California’s 539 jurisdictions are in compliance with the state requirement to plan for the amount of housing assigned to them through the latest RHNA cycle.

What’s next?

The city recently posted draft revisions to its housing plan — for the first time since 2021. That’s significant because the city’s efforts to come into state compliance have been paused for years.

One complication with compliance: Huntington Beach residents voted to require any major changes to the city’s zoning, including its state-mandated housing plan, to be put up for a public vote. That could mean more delays in coming into state compliance, and consequently, more fines, at a time when the city is facing a budget crunch.

During a press conference following a shooting at the San Diego Islamic Center, San Diego Police Department Chief Scott Wahl confirmed three adult victims at the center and the two suspects are dead.

Police said the suspects were found dead in the vehicle nearby. They were 17 and 19 years old. The motivation behind the shooting is unknown at this time.

Wahl said in 28 years, this is the most dynamic and impressive response he's seen in policing with help coming from agencies all over the county.

Imam of the Islamic Center of San Diego Taha Hassane said the center stands in solidarity "with all of the families in our community here and all the mosques and places of worship" in San Diego.

"This is something that we never expected, and I would also like to thank all the people who contacted us from all over the country and overseas to offer their condolences."

San Diego Mayor Todd Gloria was also present at the news conference.

"We will do anything it takes to make sure you feel safe in this city," Gloria said.

In a statement, the Council on American-Islamic Relations-San Diego Executive Director Tazheen Nizam said:

“We strongly condemn this horrifying act of violence at the Islamic Center of San Diego. Our thoughts are with everyone impacted by this attack. No one should ever fear for their safety while attending prayers or studying at an elementary school. We are working to learn more about this incident and we encourage everyone to keep this community in your prayers."

The active shooter situation was reported at 11:43 a.m. at ICSD in the 7000 block of Eckstrom Avenue in Clairemont, according to SDPD.

The department is asking people to avoid the area.

A reunification location for those impacted by the incident has been established at 4125 Hathaway Street.

According to our news partner ABC 10News, authorities shut down northbound and southbound Interstate 805 at Balboa Avenue due to the law enforcement activity.

The San Diego Unified School District confirmed several campuses were placed on lock down. SDUSD spokesperson James Canning said lockdowns are gradually being lifted but schools closest to the Islamic Center will be the last to have their lockdowns lifted.

The Islamic Center is the largest mosque in San Diego County. The center holds five daily prayers.

In California’s upcoming June primary election, you’ll have the opportunity to cast your ballot for any of the candidates for governor, regardless of which party you’re registered with. The top two vote-getters advance to the general election.

Known as a “jungle primary,” this system is different from how most states handle their primary elections.

This year, Democrats raised the alarm that two Republican gubernatorial candidates may move to the general election, locking out Democrats despite outnumbering Republican registered voters almost two to one. That’s because the crowded field of Democratic candidates threatens to split the party’s vote. Until recently, multiple polls have shown the two Republicans, former Fox News host Steve Hilton and Riverside County Sheriff Chad Bianco, polling at the top of the race.

Driven in part by these concerns, critics of the top-two primary have now filed a ballot initiative that would repeal this system and return California to party-based primaries, potentially as early as 2030.

But how does this top-two arrangement work? Why does California do things this way? And what are the chances of voters choosing between two GOP candidates for governor in November?

How does California’s top-two primary system work?

In a traditional closed primary, such as in presidential races, voters can only choose among candidates from their own party: That is, say, registered Democrats could only vote for Democratic candidates.

But in a top-two primary, all candidates from all parties appear on a single ballot open to any registered voter. The two candidates with the most votes in that primary then move on to the general election, even if they’re from the same party.

Kim Alexander, president and founder of the California Voter Foundation, said this is an even bigger concern for third parties in the state.

“One of the unfortunate byproducts” of California’s jungle primary system, Alexander said, is how “it’s really shut out a lot of minor parties from the general election and they run the risk of being kicked off the ballot altogether.”

“Because if you don’t have candidates appearing on ballots at a certain pace, then you can’t remain an official party,” she said.

Does this really mean Californians might not get a Republican vs. Democrat race for governor in November?

That’s correct: Under the top-two primary system, the November contest could be an intraparty fight.

That scenario has worried many California Democrats. With seven top Democrats crowding the field, there’s a risk of fracturing their party’s vote. Meanwhile, if enough Republican voters back both Hilton and Bianco to push them both into the top two, California could be locked into an all-Republican general election for governor.

Steve Hilton, Republican gubernatorial candidate for California, left, and Tom Steyer, Democratic gubernatorial candidate for California, fist-bump prior to a gubernatorial debate at KRON Studios in San Francisco, California, on April 22, 2026. California will hold its primary election on June 2, where the top two finishers advance to the general election in November regardless of party affiliation. (Jason Henry/Nexstar via Bloomberg)In March, state Democratic Party Chair Rusty Hicks urged politicians in his party to take a hard look at the viability of their campaigns and drop out before the filing deadline.

“California’s leadership on the world stage is significantly harder if a Democrat is not elected as our next Governor,” Hicks wrote in an open letter.

None of the contenders heeded his plea.

However, the likelihood of Republicans shutting Democrats out of the November election has decreased since President Donald Trump endorsed Hilton in April. A clear front-runner could unify Republican voters behind Hilton and open the door for a Democrat to claim the second spot in the runoff.

Plus, the most recent Emerson poll now shows former Health and Human Services Secretary Xavier Becerra in the lead with 19% of likely voters for the first time in the race. Hilton and Democrat Tom Steyer are tied for second with 17%.

Becerra’s surge came after former East Bay Rep. Eric Swalwell — who was regarded as a front-runner for the gubernatorial primary — exited the race last month amid sexual assault and misconduct allegations.

Why does California have this top-two system?

Historically, California required a two-thirds vote in the Legislature to pass the state budget instead of a simple majority vote.

In 2009, Democrats needed to court Republican votes to pass the state budget. Then-state Sen. Abel Maldonado, a Republican, agreed to vote yes — but only if the Legislature put a measure on the ballot to create the top-two primary system.

Voters approved that measure, Proposition 14, in 2010, amending the state constitution.

Then-Gov. Arnold Schwarzenegger backed the measure as a way to transform state politics, forcing candidates to appeal to voters across party lines and ultimately boost more moderate politicians.

“He liked to talk about living in a post-partisan political climate,” Alexander said. “He liked the idea of candidates having to appeal to more voters than just voters of their own party, and to face competition.”

The system was also designed to give more influence to California’s no party preference voters, who make up 23% of registered voters in the state, just behind Republicans at 25%.

Which political offices in California are decided using this system?

The top-two primary applies to “voter-nominated” offices: governor and other statewide positions like lieutenant governor, attorney general, secretary of state, state treasurer, state controller, insurance commissioner and state board of equalization members.

It also covers state Senate and Assembly seats and U.S. congressional offices.

The jungle primary system does not apply to presidential elections, local and nonpartisan offices such as city council, school boards, judges, district attorneys or the superintendent of public instruction.

Which other states use this system?

Washington state was the first to adopt a top-two primary for congressional and state-level elections in 2004, but not for governor.

Unlike California, Washington allows write-in candidates in the general election — a safety valve for scenarios where one party is locked out.

A handful of other states use variations of the system. Nebraska’s legislature is nonpartisan, so it uses a top-two primary for state legislative races.

Louisiana uses a majority-vote system for statewide executive offices, state legislative seats and local offices. If a candidate receives a majority of the vote in the primary, they win outright. If not, there is a second round of voting with the top two vote-getters in November.

Alaska adopted a top-four primary in 2020 for state executive, state legislative and congressional races. An effort to repeal the state’s top-four primaries was narrowly defeated by voters in 2024 but will be on the ballot again this year.

If I’m a ‘no party preference’ voter, can I even vote in the California primary?

Yes: Any registered voter, including those with no party preference, can vote for any candidate in voter-nominated races like the governor’s contest.

The top-two primary system draws no distinction based on a voter’s party registration.

Are there any efforts to get rid of California’s jungle primary?

Driven in part by concerns that Democrats could be locked out of this year’s governor’s race, a new ballot initiative seeks to repeal California’s top-two primary system.

Democratic strategist Steven Maviglio filed the initiative, called “Undo the Top Two,” with the attorney general on May 8.
He called the jungle primary a “failed experiment.”

“The prospect of having to vote for a candidate who’s not from your party in November has really woken up a lot of voters in the state about the dangers of the top-two primary,” Maviglio said. “The chance that a Democrat would have to choose between Chad Bianco or Steve Hilton is sending a chill up the spine of a lot of Democrats.”

However, even if successful, Maviglio’s initiative won’t impact the 2026 election — since he hopes to place the measure on the 2028 ballot, with any changes taking effect no earlier than the 2030 elections.