Anthropic seeks D.C. Circuit to review Pentagon blacklist

Anthropic asks full appeals court to rehear its Pentagon blacklist case.

Oct 14, 2026

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Anthropic seeks D.C. Circuit to review Pentagon blacklist

Anthropic asks full appeals court to rehear its Pentagon blacklist case.

In brief

Anthropic asks full appeals court to rehear its Pentagon blacklist case. Anthropic filed a petition with the D.C. Circuit to rehear its challenge to the Pentagon's designation as a national security supply-chain risk after a panel upheld the ban. Originally reported by Startup Fortune.

Pentagon bars Claude from military systems

A split panel upheld the Pentagon's designation of Anthropic as a national security supply-chain risk, barring its Claude models from military use.

Anthropic files D.C. Circuit rehearing petition

Anthropic filed a petition on October 13 asking the full U.S. Court of Appeals for the D.C. Circuit to rehear its challenge to the Pentagon's designation.

Pentagon's designation follows Trump order

Pentagon's designation follows Trump order

The Trump administration designated Anthropic a national security supply-chain risk after ordering federal agencies to stop using its technology in February 2026.

Defense Secretary Hegseth formalizes designation

Defense Secretary Pete Hegseth made the formal determination on March 3, designating Anthropic and all products a supply-chain risk under FASCSA.

Anthropic refuses autonomous weapons terms

Anthropic CEO Dario Amodei refused to loosen guardrails blocking Claude from autonomous weapons or domestic surveillance.

Judge Katsas upholds Pentagon's authority

Judge Gregory Katsas wrote the panel's majority opinion finding the Department of War acted within statutory authority under FASCSA.

Judge Henderson dissents on retaliation claim

Judge Karen LeCraft Henderson dissented, arguing the designation was retaliation for Anthropic's speech about AI safety.

“without any pre-designation process and despite straightforward evidence the designation was retaliation for Anthropic's speech about AI safety”

California court rules against Pentagon

A separate federal judge found Anthropic's designation unlawful retaliation under the First Amendment and Fifth Amendment.

“the undisputed record shows that the challenged actions constituted unlawful retaliation in violation of the First Amendment”

D.C. Circuit has final say on designation

The D.C. Circuit is the exclusive venue for challenging a supply-chain risk order under FASCSA.

Anthropic's path to Supreme Court

If the D.C. Circuit declines to rehear the case, Anthropic must file a cert petition at the Supreme Court.

What to remember

Anthropic filed a petition with the D.C. Circuit to rehear its challenge to the Pentagon's designation as a national security supply-chain risk after a panel upheld the ban.

Read the original on Startup Fortune

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