Policy/ anthropic · pentagon · ai-policy · litigation

Anthropic Asks Full Appeals Court to Revisit Pentagon Ruling

Anthropic wants the entire DC Circuit to reconsider a panel decision that upheld the Pentagon's supply-chain-risk label on the company.

Anthropic is not done fighting the Pentagon over that risk label.

The company has filed for an en banc rehearing with the full federal appeals court in Washington, asking it to revisit a 2-1 panel ruling that upheld the Defense Department's designation of Anthropic as a supply-chain risk. Anthropic's argument is the same one it made before: the designation wasn't about supply-chain security at all. It was retaliation for the company's public statements on AI safety.

This is a bigger deal than one contractor dispute. A supply-chain-risk label can quietly cut a company out of federal contracts without the government ever having to argue the merits in public. If Anthropic can show that label was used to punish speech rather than flag an actual security concern, it sets a precedent other AI labs will want on the books too, especially as more of them end up selling into defense and government markets.

For now, the 2-1 panel ruling stands. Getting the full court to even take up the case is a long shot, which makes this more a signal of how far Anthropic is willing to push than a sign it expects to win soon.

TR

The Revision

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