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U.S. appeals court upholds designation of Anthropic as supply chain risk

Original article
cnbc.com|198 points|260 comments|by cramer4next|Sep 25, 2026

Legal Defeat for Anthropic: Appeals Court Affirms Pentagon's "Supply Chain Risk" Label

Published: September 25, 2026 | Updated: 3 hours ago | Reporter: Ashley Capoot

📌 Executive Summary

  • Court Ruling: A Washington, D.C. federal appeals court has upheld the Department of Defense (DOD) decision to blacklist Anthropic.
  • The Designation: The DOD officially categorized the AI firm as a supply chain risk in March.
  • The Fallout: The ruling prohibits the U.S. military from utilizing Anthropic's models and forbids defense contractors from incorporating them into agency projects.
  • Company Response: Anthropic maintains its confidence in its legal standing and is exploring further appeals.

The Judicial Decision

In a split 21\frac{2}{1}12​ decision delivered on Friday, a panel of the U.S. Court of Appeals for the District of Columbia rejected Anthropic's claims that the ban on its Claude AI models was unconstitutional, unauthorized, or arbitrary.

"The Department had ample support for its conclusion that the continued integration of Claude into the Department's information systems... presented a statutorily covered national-security risk," wrote Judge Gregory Katsas in the majority opinion.

Judge Neomi Rao joined the majority, while Judge Karen LeCraft Henderson (appointed by George H.W. Bush) dissented.

Legal Status Comparison

The legal battle has been complex because the DOD utilized two separate designations to justify the risk label, leading to parallel litigation in different jurisdictions:

Court LocationRulingStatus of Designation
San FranciscoRuled the designation was illegalOverturned\text{Overturned}Overturned
Washington, D.C.Upheld the designationAffirmed\text{Affirmed}Affirmed

Political Friction and Public Spats

The relationship between Anthropic and the Trump administration has been characterized by extreme tension. President Trump has frequently targeted CEO Dario Amodei via social media, particularly after Amodei advocated for a general industry-wide deceleration of AI development.

The friction reached a peak recently when Amodei was notably absent from the White House state dinner hosted for Chinese President Xi Jinping.

Truth Social Commentary

On Monday, President Trump posted the following:

The Trump Administration has stopped AI people from doing bad, or potentially bad, things, like Dario (Anthropic!), who is now pretending to be a perfect little angel - and we will continue to do so!

The Road to the Blacklist: A Timeline

The conflict is the result of a rapid deterioration in the partnership between the AI developer and the military.

The Core Dispute

The breakdown occurred during discussions regarding the deployment of Claude on the GenAI.mil platform. The DOD sought total access to the models, whereas Anthropic insisted on guarantees that their technology would not be used in ways that violated their safety principles.


Current Status and Next Steps

While the court has ruled against the company, the decision will not take immediate effect. The appellate panel has granted a stay to allow Anthropic to:

  1. Petition the current panel for a rehearing.
  2. Seek an en banc rehearing (a review by all judges on the D.C. Circuit).

Contract Status: Active →\rightarrow→ Status: Terminated/Blacklisted

Official Statement from Anthropic: "We respectfully disagree with the court's decision... We remain confident in our position and are considering all options, including further review."


Visual Documentation

Pentagon Headquarters Aerial view of the Pentagon in Arlington, Virginia.

AI Leaders CEOs of major AI firms, including Anthropic, briefing the UN Security Council.