Editorial: There's No Constitutional Right to Sodas Paid for by SNAP

Subsidized sugar isn't a constitutional guarantee, and the unalienable rights don't include life, liberty and soda paid for by someone else.

Mar. 28, 2026 at 7:54am

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A national advocacy group is suing the U.S. Department of Agriculture to stop states from limiting the purchase of sugary drinks and junk food with Supplemental Nutrition Assistance Program (SNAP) benefits. The editorial argues that taxpayers should not be forced to pay for someone else's soda and unhealthy snacks, and that the Trump administration and states like Nevada are right to restrict SNAP payments for such items.

Why it matters

This lawsuit highlights an ongoing debate over the appropriate use of SNAP benefits, which are intended to help low-income Americans purchase nutritious food. The editorial points out the irony that some left-leaning cities have enacted soda taxes, yet this advocacy group is now suing to force taxpayers to subsidize soda purchases through SNAP.

The details

The National Center for Law and Economic Justice has sued the USDA to stop waivers that allow states to limit junk food purchases with SNAP benefits. A 2016 USDA study found that soft drinks were the top item purchased by SNAP households, making up 5.4% of all expenditures compared to 4% in non-SNAP households. Under the Trump administration, over 20 states have received waivers to restrict SNAP payments for candy, sugary drinks, and other unhealthy items.

  • In February 2028, SNAP in Nevada will no longer pay for candy and sugar-sweetened beverages.
  • In 2024, voters in Santa Cruz, California, approved a two-cents-per-ounce tax on sodas and energy drinks.

The players

National Center for Law and Economic Justice

A national advocacy group suing the USDA to stop states from limiting junk food purchases with SNAP benefits.

U.S. Department of Agriculture (USDA)

The federal agency that runs the Supplemental Nutrition Assistance Program (SNAP).

Ronald Reagan

A former U.S. president who once noted that if you want more of something, you should subsidize it.

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What they’re saying

“If you want more of something, subsidize it.”

— Ronald Reagan, Former U.S. President

The takeaway

This case highlights the ongoing debate over the appropriate use of SNAP benefits, with some arguing that taxpayer money should not be used to subsidize unhealthy food and drink purchases. The editorial contends that while people are free to buy such items with their own money, the government should not be forced to pay for someone else's soda or junk food.