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Anthropic security‑risk designation – appeals court upholds DoD decision

The U.S. Court of Appeals for the D.C. Circuit ruled on Sept. 25, 2026, that the Department of Defense may maintain its supply chain risk designation against Anthropic. The company may now petition the D.C. Circuit for a rehearing or the U.S. Supreme Court for certiorari to challenge the ruling.

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The story so far

written Sep 26

What is happening

The U.S. Court of Appeals for the D.C. Circuit ruled on Sept. 25, 2026, that the Department of Defense (DoD) may maintain its "supply chain risk" designation against Anthropic [6][7]. This 2-1 decision allows the Pentagon to continue prohibiting its personnel and contractors from using Claude AI [6][11]. The ruling restricts the company's access to defense contracts while Anthropic reportedly prepares for an initial public offering before the end of 2026 [6].

What to watch

Anthropic may now file a petition for rehearing with the D.C. Circuit or a petition for certiorari to the U.S. Supreme Court to challenge the ruling [10]. The case will conclude if the Supreme Court denies a hearing or issues a final opinion, or if the DoD issues a final order to confirm or rescind the risk designation [10]. A separate August 2026 ruling from the Northern District of California, which invalidated the risk label for non-military federal agencies, remains in effect as the government has not appealed that decision [6].

Read the full brief · how we got here

How we got here

The litigation began in March 2026 after the Trump administration labeled Anthropic a security risk [1][6]. The designation followed the company's refusal to permit military use of its artificial intelligence models for autonomous weapons and domestic surveillance [1][6]. Before this appellate ruling, the company had successfully challenged the label in a California district court, which allowed non-defense agencies to continue using its technology [6].

References · 5
  1. [1]anthropic-v-dow.vercel.app — Documents · Anthropic v. Department of War
  2. [6]cnn.com — Federal appeals court rules Pentagon's blacklist of Anthropic ... - CNN
  3. [7]cnbc.com — U.S. appeals court upholds Pentagon designation of Anthropic as supply ...
  4. [10]breakingdefense.com — DC Circuit panel upholds Pentagon's ban on Anthropic - so what comes ...
  5. [11]apnews.com — Federal appeals court lets Pentagon keep Anthropic's label as supply ...

What would close this

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The appellate court issues its written opinion (already published).open
Anthropic files a petition for rehearing or a petition for certiorari to the U.S. Supreme Court.open
The U.S. Supreme Court either grants or denies certiorari and issues a final opinion, or the Department of Defense issues a final order confirming or rescinding the security‑risk designation.open
The case is closed with a final, publicly available ruling ending the dispute.open
If none of these happen, this page closes automatically on .

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When we started following: D.C. Circuit upholds Pentagon blacklist of Anthropic AI technology

The U.S. Court of Appeals for the D.C. Circuit ruled on Sept. 25, 2026, that the Department of Defense may maintain its "supply chain risk" designation against Anthropic [6][7]. The 2-1 decision permits the Pentagon to prohibit the use of Claude AI by its personnel and contractors [6][11]. The litigation began in March 2026 after the Trump administration labeled the company a risk following Anthropic's refusal to allow military use of its models for autonomous weapons and domestic surveillance [1][6].

While the D.C. Circuit ruling enforces the ban within the Department of Defense, a separate August 2026 ruling from the Northern District of California partially invalidated the label for other federal agencies [6]. The government has not appealed that California decision, allowing non-military agencies to continue working with the company [6]. Anthropic is reportedly considering an initial public offering before the end of 2026 [6].