Judge throws out Kansas AG Kris Kobach's lawsuit over Gov. Kelly's refusal to give feds SNAP data

Matthew Kelly, The Kansas City Star on Sep 30, 2025

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A Kansas judge sided with Gov. Laura Kelly on Monday, throwing out a lawsuit that sought to compel the Democratic executive to turn over food assistance beneficiaries’ personal information to the U.S. Department of Agriculture.

Republican Attorney General Kris Kobach filed the complaint earlier this month in Shawnee County District Court, alleging Kelly’s unwillingness to comply with the Trump administration’s data demand could jeopardize funding for Kansas’ Supplemental Nutrition Assistance Program, or SNAP.

But Judge Teresa Watson — who previously ruled in Kobach’s favor in a challenge of the Kelly administration’s handling of gender change requests on driver’s licenses — rejected his argument this time around.

Invoking data privacy laws, Kelly and Laura Howard, her secretary for the Department of Children and Families,, have argued the state has a legal obligation to protect SNAP beneficiaries’ personal data from unauthorized disclosure. USDA has suggested it could share personal information with outside groups.

In a series of demand letters beginning in May, the USDA directed states to turn over information, including the names, dates of birth, home addresses and Social Security numbers of everyone who has applied for or received SNAP benefits since Jan. 1, 2020.

USDA officials have said their goal is to crack down on waste and fraud within the program. The agency also requested “records sufficient to calculate the total dollar value of SNAP benefits received by participants over time.”

Kobach asked Watson to issue a court order that would have compelled Kelly and Howard to sign off on the data transfer as part of their official duties. But the state law in question doesn’t apply, the judge found.

The law “on its own does not dictate a specified or clearly defined legal duty on the part of Governor Kelly or Secretary Howard to comply, without exercise of judgment or discretion, to the (Food and Nutrition Service) request for SNAP participant data,” Watson wrote in her ruling, which was made public Tuesday.

In a statement to The Star, Kobach said he disagrees with Watson’s interpretation and is considering appealing the dismissal. He emphasized the significance of USDA’s threat to withhold more than $10 million in SNAP funding every three months if Kansas officials refuse to comply.

“Needy Kansans have now lost $10.4 million in food assistance because of her political theatrics,” Kobach said of Kelly. “That money is not coming back. It is laughable to suggest that she will be able to persuade the USDA to change its decision. 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.”

What comes next?

USDA initiated the first disallowance of funds after Kansas missed its latest Sept. 19 deadline. But the penalty can’t be applied until after Kansas has a chance to plead its case to the SNAP Appeals Board through a formal process expected to last months.

In a statement touting the legal victory over her Republican rival, Kelly said Tuesday that she remains committed to protecting Kansans’ privacy. The state’s SNAP program, she said, is operating as usual.

“It is unfortunate that Attorney General Kobach decided to engage in low-rent political theater, wasting taxpayer dollars, and spreading misinformation,” Kelly said.

“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,” she added.

Other legal rulings could also have major implications on the fight over low-income Kansans’ personal data. Last week, a California judge granted a temporary restraining order blocking USDA’s collection of SNAP beneficiaries’ data in 21 Democrat-led states and Washington D.C.

State records show that roughly 188,000 Kansans receive monthly SNAP benefits. According to Kelly’s administration, to comply with USDA’s data demand, Kansas would have to turn over records associated with more than 730,000 people.

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