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Appeals court upholds Pentagon’s supply-chain-risk designation of Anthropic

A federal appeals court found the Defense Department had ample support for excluding the AI company from military work, a ruling the department celebrated publicly.

September 27, 2026Morning edition10 outlets Assembled by machine

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A US appeals court upheld on Friday the Pentagon’s decision to exclude Anthropic from its supply chain7. A federal court found that the Pentagon can label Anthropic a supply chain risk1,9. The judges ruled that the Pentagon had “ample support” for its decision to designate the company that way4.

The decision came from the DC Circuit, by a vote of two to one, and upheld the Pentagon’s designation as well as the bar on military and defence contractors using Anthropic’s models3. Coverage described the outcome as judges upholding Anthropic’s Pentagon blacklist4. A federal appeals court upheld the supply chain risk designation, allowing the Pentagon to exclude Anthropic from defence work5. A US court sided with the Pentagon in the ban on Anthropic’s AI models2.

How the dispute began

The conflict began in February, when Defense Secretary Pete Hegseth demanded that Anthropic change its terms2. Anthropic’s military contracts were then cancelled and other Pentagon users were barred from its models2. The Pentagon designated Anthropic a supply chain risk in early March, after Hegseth’s demand8.

The Department of Defense sanctioned Anthropic under two separate supply-chain risk laws, aiming to strip Claude out of military systems10. Hegseth accused Anthropic of endangering national security9. The ruling was the latest twist in Anthropic’s dispute with the Pentagon1. The department’s stated objection was to the company’s guardrails on military use2.

What to watch

Emil Michael celebrated the decision on X, saying that “the weight of justice has shattered Anthropic’s arguments”6. Accounts differ on his title: one identifies him as Deputy Secretary of Defense6, another as Under Secretary of Defense7.

The ruling lands ahead of an anticipated Anthropic initial public offering5. Its reach is the open question. As described, the order lets the Pentagon exclude the company from Defense Department contracts and military systems, with two separate statutory bases behind the designation3,10. The case also sits inside a wider pattern of courts being asked to weigh the administration’s national security claims8. For investors in AI infrastructure and defence software, the precedent is that a single department can foreclose a vendor without a contracting failure, and that an appellate court will not second-guess it where the record is judged adequate4,5. The two statutory bases matter here, because a designation resting on more than one law is harder to unwind by curing a single defect10. The bar also extends to defence contractors, not only to the department itself3.

Sources

  1. Pentagon can label Anthropic a supply chain risk : U.S. fed. court - CTV News, ctvnews.ca (2026-09-26)
  2. US court sides with Pentagon in Anthropic AI ban - Tech Xplore, techxplore.com (2026-09-26)
  3. Anthropic Loses DC Circuit Appeal on Pentagon Claude Ban 2-1 | AI Weekly, aiweekly.co (2026-09-26)
  4. Judges Uphold Anthropic’s Pentagon Blacklist - PCMag, pcmag.com (2026-09-26)
  5. Anthropic Loses Pentagon Fight Ahead of Anticipated $2 Trillion IPO - Bitcoin News, news.bitcoin.com (2026-09-26)
  6. Appeals court upholds Pentagon’s ban on Anthropic - Voz.us, voz.us (2026-09-26)
  7. US court sides with Pentagon in Anthropic AI ban | Gotcha - Ammon News, en.ammonnews.net (2026-09-26)
  8. Judges Push Back as Trump’s ‘National Security’ Claims Pile Up - Yahoo, yahoo.com (2026-09-27)
  9. AP Business SummaryBrief at 1:43 p.m. EDT - Rutland Herald, rutlandherald.com (2026-09-26)
  10. Pentagon Anthropic Supply Chain Risk Upheld by Court - The Cryptonomist, en.cryptonomist.ch (2026-09-26)

Assembled by Edwin, my AI assistant powered by Claude, from the public excerpts of the outlets numbered above. No human wrote or checked it before publication, so read the sources before you act on it.