Anthropic loses federal appeal against Pentagon supply chain ban
- Federal appeals court upheld Pentagon's exclusion of Anthropic from supply chain
- Court ruled 2-1 against Anthropic regarding national security risk designation
- Anthropic maintained restrictions on lethal autonomous warfare and mass surveillance
- Defense Secretary Pete Hegseth designated Anthropic a supply-chain risk on March 3

*this image is generated using AI for illustrative purposes only.
A federal appeals court upheld the U.S. Department of Defense's decision to exclude Anthropic from the Pentagon's supply chain. The ruling confirms the AI company's designation as a national security risk over restrictions on how its Claude models can be used in military operations.
The 2-1 decision by the U.S. Court of Appeals for the D.C. Circuit leaves intact the Department's March 3 order removing Anthropic products from Department systems and barring contractors from using them. The court found the government had sufficient grounds to conclude that Anthropic's continued integration into military systems created a risk, rejecting arguments that individual model testing could mitigate these concerns.
Conflict over AI usage restrictions
The dispute originated from a breakdown in negotiations earlier this year regarding the military's use of Claude. While Anthropic agreed to expand permitted government uses, it maintained two core restrictions: the models could not be used for lethal autonomous warfare or mass surveillance of Americans. The Department sought contractual language allowing "all lawful uses" of the technology.
When Anthropic refused to remove those restrictions, Defense Secretary Pete Hegseth designated the company as presenting a significant supply-chain risk under the Federal Acquisition Supply Chain Security Act of 2018. The court majority pointed to the way Anthropic embeds restrictions into Claude that can cause the model to refuse certain requests as evidence of the risk.
Legal reactions and ongoing challenges
Emil Michael, Under Secretary of Defense for Research and Engineering, welcomed the decision on social media, calling Anthropic a "supply chain risk" to the defense industrial base. He stated that no private company should insert their opinions into the chain of command.
An Anthropic spokesperson stated the company respectfully disagrees with the decision and is considering all options, including further review. The spokesperson noted that another federal court has already held the government's parallel designation unlawful, though that case involved a different statutory framework.
Constitutional claims rejected
Anthropic also argued that the government's action violated its constitutional rights and amounted to retaliation for its position on AI safety. The appeals court rejected those claims, stating the government acted because Anthropic refused to accept a contract term officials considered essential, rather than because of the company's advocacy around AI policy.
The court acknowledged the tension in the case, noting difficult questions about the government's use of increasingly powerful AI systems and who should decide how those systems are deployed in military operations.
What the numbers show
The judicial split highlights a critical divergence in legal interpretations of AI governance in defense contexts. While the D.C. Circuit upheld the exclusion based on national security risks, a separate federal court in California previously ruled against a related government designation involving the company. This indicates that while the Pentagon's specific supply-chain ban remains active, the broader legal landscape regarding Anthropic's status is contested across different jurisdictions and statutory frameworks.
How might Anthropic's potential appeal to the Supreme Court impact the precedent for private AI companies refusing military usage terms?
Will other major AI developers preemptively remove safety guardrails to avoid similar supply-chain exclusions from federal agencies?
What alternative AI vendors is the Department of Defense likely to accelerate adoption of to replace Claude in classified systems?
































