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Anthropic, US government face off in DC court

A federal appeals court in Washington will Anthropic’s lawsuit arguments against the US Department of Defense over a designation that bars defense contractors from using its Claude models after talks over military access and usage limits broke down.

Anthropic sued in March after the Pentagon labeled it a supply chain risk, a status the company says is usually used for foreign adversaries, while it sought safeguards against fully autonomous weapons and domestic mass surveillance.

The designation remains in place after the court denied temporary relief in April, though judges sped up the case and said Anthropic could suffer irreparable harm during litigation.

The government said Anthropic could add limits to future models and create a national security risk, while Anthropic said that claim is unsupported and the Pentagon broke the Constitution and existing procedures.

🔗 Source: CNBC

🧠 Food for thought

Implications, context, and why it matters.

A presidential social media post came before the Pentagon’s disputed supply-chain-risk designation

  • The move followed a Truth Social post from President Donald Trump ordering federal agencies to “IMMEDIATELY CEASE” using Anthropic’s technology a little over an hour before a negotiation deadline 1.
  • The Pentagon then used 10 U.S.C. § 3252, a Defense Department procurement authority for some military buying decisions, which unlike the Federal Acquisition Supply Chain Security Act can be used without prior notice to a targeted company or a chance to respond 2. The Federal Acquisition Supply Chain Security Act is a U.S. law that sets procedures for restricting vendors seen as security risks.
  • The order also imposed a “secondary boycott,” barring any contractor, supplier, or partner that works with the U.S. military from commercial activity with Anthropic, which some legal experts say goes beyond what § 3252 allows 2.
  • Days earlier, defense secretary Pete Hegseth had threatened to use the Defense Production Act, a U.S. law that gives the government emergency powers to direct industrial production, to force the company’s cooperation. Critics say that clashes with the later effort to shut the company out 2.

The designation is already changing contractor behavior and competition

  • Before any court ruling, the move had already caused “significant harm,” and defense contractors such as Lockheed Martin, a large U.S. military supplier, said they would follow the president’s and Defense Department’s direction while expecting little disruption 3.
  • Anthropic said the General Services Administration, the U.S. agency that manages federal purchasing and contracts, ended its “OneGov” contract while the Treasury Department and other agencies began cutting ties or preparing to stop using Claude after Trump’s directive 1.
  • Rivals have moved quickly, with several defense-focused AI startups pitching their models as replacements for Claude in military software 4.
  • An amicus brief, a legal filing from non-parties meant to help a court evaluate a case, backed Anthropic’s request with support from employees at competitors including OpenAI and Google. They argued the designation was an improper and arbitrary use of power with broad effects on the industry 1.

Recent Anthropic developments

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