US Appeals Court Denies Stay on Pentagon's Anthropic Blacklist

Published
Score
13

Why it matters

The U.S. Court of Appeals for the D.C. Circuit denied Anthropic's emergency request on April 8, 2026, to block the Pentagon's March 3 designation of the AI company as a supply-chain risk under 41 U.S.C. 4713 and 10 U.S.C. 3252. The blacklist remains in effect, barring Anthropic from new Pentagon contracts and requiring defense contractors to stop using its Claude AI system in military work. A three-judge panel—Judges Henderson, Katsas, and Rao—ruled that the government's national security interests during active military conflict outweigh Anthropic's financial harm. The court expedited oral arguments to May 19.

The designation blocks Pentagon use of Claude but does not affect non-Pentagon government agencies under a separate ruling from the U.S. District Court in San Francisco. That court, under Judge Rita Lin, blocked a related designation on March 26. The conflicting decisions create uncertainty about the scope and enforceability of the blacklist across federal agencies. The full scope of the Pentagon's rationale for the designation has not been disclosed.

Anthropic has challenged the blacklist on First and Fifth Amendment grounds, arguing retaliation for its refusal to remove safeguards on Claude that restrict its use in autonomous weapons and mass surveillance applications. The company's position stems from a $200 million Pentagon contract signed in July 2025, where Anthropic maintained those restrictions. Secretary of Defense Pete Hegseth initiated the blacklist in response. Acting Attorney General Todd Blanche called the D.C. Circuit's decision a "resounding victory."

For defense contractors, the ruling creates immediate compliance obligations: existing Claude deployments in military work must cease, and new Pentagon contracts cannot incorporate the system. The conflicting rulings between the D.C. Circuit and the San Francisco district court signal ongoing litigation that could reshape federal AI procurement policy. Attorneys advising defense contractors should monitor the May 19 oral arguments and prepare for potential Supreme Court review.

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