# Anthropic seeks D.C. Circuit to review Pentagon blacklist

> Anthropic asks full appeals court to rehear its Pentagon blacklist case.
- Title: Anthropic seeks D.C. Circuit to review Pentagon blacklist
- Summary: 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…
- Keywords: anthropic, pentagon, d.c. circuit, fascsa, claudes, department of war, national security supply chain risk, ai safety, startups, business, seeks, Circuit
- Source: Startup Fortune — https://startupfortune.com/anthropic-asks-full-appeals-court-to-rehear-its-pentagon-blacklist-case
- Published: 2026-10-14T02:40:23+00:00
- Read time: 1 min
- Topics: anthropic, pentagon, d.c. circuit, fascsa, claudes, department of war, national security supply chain risk, ai safety, startups, business
## 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
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.
## Key takeaway

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.