A federal judge in Oakland decline Thursday to issue a temporary restraining order on the U.S. government to ensure that SNAP food benefits are authorized for October in case the government shuts down at the end of this month.

U.S. District Judge Jon S. Tigar heard arguments on an ex parte motion in Oakland from plaintiff’s counsel and U.S. Department of Justice attorneys. His order came hours later.

At stake “is the food security of 40 million low-income Americans, more than 10% of the country’s population,” stated Jodie Berger of the Western Center on Law and Poverty in Los Angeles, in a memorandum in support of the ex parte motion for a TRO and order to show cause regarding a preliminary injunction.

“Unless this court intervenes by Sept. 15, may – indeed, most – of these people will no receive the October Supplemental Nutrition Assistance Program (“SNAP”) benefits that they rely on for their subsistence food needs,” Berger wrote.