GoKawiilAnthropic petitions D.C. Circuit for en banc review of Pentagon blacklist ruling
Anthropic has filed a petition asking the full D.C. Circuit Court of Appeals to rehear its challenge to the Pentagon's designation of the company as a national-security 'supply chain risk.' A divided three-judge panel had upheld the designation in September, rejecting Anthropic's claims that the Defense Department's ban on its Claude models was arbitrary, unauthorized and unconstitutional. The Pentagon imposed the label in March after negotiations collapsed over how the military could use Claude, following a $200 million contract signed in July 2025.
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Anthropic's attorneys argue the blacklisting was retaliation for the company's public statements on AI-safety limits, such as refusing to allow its models to be used for mass surveillance or autonomous lethal weapons; if the full appeals court agrees, it could set a precedent limiting how the government can penalize AI vendors over safety commitments. The case also highlights friction between AI developers and defense agencies as the Pentagon pushes to expand use of commercial AI through platforms like GenAI.mil.
- Anthropic is seeking en banc rehearing after losing a 2-1 appellate panel decision in September.
- The Pentagon labeled Anthropic a 'supply chain risk' in March, barring defense contractors from using its AI in DOD work.
- Anthropic claims the designation was retaliatory after safety-related negotiations over Claude's military deployment broke down.
Source: cnbc.com — Lora Kolodny, 2026-10-13
Published there as: “Anthropic urges court in Washington, D.C. to rehear appeal of Pentagon blacklisting”
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