D.C. Circuit sides with Pentagon, denies Anthropic's bid to block supply chain blacklist

By 
, April 10, 2026

The U.S. Court of Appeals for the District of Columbia Circuit on Wednesday rejected AI company Anthropic's emergency request to stop the Department of War from designating it a supply chain risk to national security, a ruling the administration called "a resounding victory for military readiness."

The April 8 order denied Anthropic's motion for a stay pending review on the merits, siding with the government in a fast-moving legal fight over who controls how artificial intelligence is deployed in an active military conflict. The decision lands squarely on the side of executive authority and pushes back against a Silicon Valley firm that tried to dictate the terms under which the Pentagon could use its products.

As Fox News Digital reported, the three-judge panel weighed the competing harms and found the government's interest in wartime AI procurement outweighed the financial risk to a single private company.

The court's reasoning: national security over corporate preference

The appeals court's order framed the dispute in blunt terms. On one side, a company facing financial harm. On the other, a nation at war.

"In our view, the equitable balance here cuts in favor of the government. On one side is a relatively contained risk of financial harm to a single private company. On the other side is judicial management of how, and through whom, the Department of War secures vital AI technology during an active military conflict. For that reason, we deny Anthropic's motion for a stay pending review on the merits."

The court did not dismiss Anthropic's concerns entirely. It acknowledged the company "raises substantial challenges to the determination and will likely suffer some irreparable harm during the pendency of this litigation." For that reason, the panel agreed that "substantial expedition is warranted", meaning the case will move through the appeals process faster than usual.

But the bottom line was clear: while the legal fight plays out, the government can proceed with the blacklist designation.

How the dispute unfolded

The clash between the administration and Anthropic has escalated rapidly since January, when the Department of War requested "unrestricted use" of Anthropic's AI technology for "all lawful purposes." Anthropic pushed back, setting two red lines: its technology would not be used for domestic surveillance or for lethal autonomous weapons.

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Pentagon spokesperson Sean Parnell said in February that the War Department shared those concerns. He stated the department "has no interest in using AI to conduct mass surveillance of Americans (which is illegal) nor do we want to use AI to develop autonomous weapons that operate without human involvement."

That assurance did not resolve the standoff. President Donald Trump weighed in on February 27, posting on Truth Social that he was "directing EVERY Federal Agency in the United States Government to IMMEDIATELY CEASE all use of Anthropic's technology." He added that there would be "a Six Month phase out period for Agencies like the Department of War who are using Anthropic's products, at various levels."

War Secretary Pete Hegseth, who has not shied from confrontation during his tenure, as seen in his recent leadership shake-ups across the Army, moved the same day. He announced on X that he was "directing the Department of War to designate Anthropic a Supply-Chain Risk to National Security."

In March, a letter attached to a court filing formally notified Anthropic that the War Department had determined use of the company's products posed a "supply chain risk." That designation carries serious consequences for any government contractor, effectively freezing the company out of defense work.

A lower court blocked the move, briefly

Anthropic did not take the designation quietly. The company took the fight to federal court in California, and last month U.S. District Judge Rita Lin in the Northern District of California issued a preliminary injunction blocking the government from implementing the presidential directive, the Hegseth directive, and the supply chain designation.

Judge Lin's order was carefully worded. It restored the pre-February 27 status quo but did not force the Pentagon to keep using Anthropic's products. Her order stated plainly that it "does not require the Department of War to use Anthropic's products or services and does not prevent the Department of War from transitioning to other artificial intelligence providers, so long as those actions are consistent with applicable regulations, statutes, and constitutional provisions."

The pattern of courts intervening in Pentagon policy decisions has become a recurring theme. Federal judges have also blocked Pentagon press access policies in recent months, raising broader questions about the judiciary's role in military operations.

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But Wednesday's D.C. Circuit ruling reversed the momentum. By denying Anthropic's stay request, the appeals court effectively allowed the government to move forward with the supply chain risk designation while the underlying legal challenge continues.

Both sides claim progress

Acting U.S. Attorney General Todd Blanche declared victory in a social media post Wednesday, framing the ruling as a vindication of executive power over military procurement.

"Today's D.C. Circuit stay allowing the government to designate Anthropic as a supply chain risk is a resounding victory for military readiness. Our position has been clear from the start, our military needs full access to Anthropic's models if its technology is integrated into our sensitive systems. Military authority and operational control belong to the Commander-in-Chief and Department of War, not a tech company."

Anthropic, for its part, pointed to the court's acknowledgment that its legal challenges are "substantial" and that expedited review is warranted. A spokesperson told Fox News Digital on Thursday that the company remains confident the courts will ultimately find the supply chain designations "unlawful."

"We're grateful the court recognized these issues need to be resolved quickly and remain confident the courts will ultimately agree that these supply chain designations were unlawful. While this case was necessary to protect Anthropic, our customers, and our partners, our focus remains on working productively with the government to ensure all Americans benefit from safe, reliable AI."

That statement carries a conciliatory tone, but the company's actions tell a different story. Anthropic went to court to block the Commander-in-Chief's directive on military technology during an active conflict with Iran. That is not the posture of a company focused on "working productively with the government."

The larger stakes

The dispute goes beyond one company's contract terms. It raises a fundamental question: can a private AI firm set conditions on how the U.S. military uses technology it has already integrated into sensitive systems?

Anthropic's two red lines, no domestic surveillance, no lethal autonomous weapons, sound reasonable in a press release. The Pentagon itself said it agreed with those limits. But the company's refusal to grant "unrestricted use" for "all lawful purposes" suggests it wanted veto power over military applications that go beyond those two categories. That is a remarkable claim for any defense contractor to make during wartime.

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Hegseth has shown a willingness to assert civilian control over military institutions, whether the issue involves senior military leadership changes or AI procurement. The Anthropic fight fits that pattern: a political appointee insisting that the civilian chain of command, not a corporate board in San Francisco, decides how the military equips itself.

The legal battle is far from over. The D.C. Circuit granted expedited review, and Anthropic's underlying challenge to the supply chain designation will proceed. The company may yet prevail on the merits. But for now, the government holds the stronger hand.

Several open questions remain. The specific legal claims Anthropic raised in its challenge have not been fully detailed in public reporting. The full contents of the January request for "unrestricted use" are also unclear. And the interplay between Judge Lin's preliminary injunction in California and the D.C. Circuit's ruling creates a complicated procedural landscape that will take time to resolve.

Even bipartisan figures have backed Hegseth on contested military decisions. Senator Mark Kelly broke with his own party to support one of the War Secretary's recent calls, a sign that the administration's assertive posture on defense matters is not without cross-aisle support.

Meanwhile, the courts have also pushed back on the Pentagon in other areas, including First Amendment challenges to press access policies. The judiciary is clearly willing to check executive action, but on the question of wartime AI procurement, the D.C. Circuit drew a line.

The bottom line

The appeals court got the balance right. A tech company that builds products integrated into military systems during an active conflict does not get to dictate the terms of that integration from a courtroom. The legal process will continue, and Anthropic will have its day in court on the merits. But the notion that a private firm can tie the Pentagon's hands on national security procurement, and expect a federal appeals court to enforce that arrangement, was always a stretch.

If your technology is woven into the nation's defense infrastructure, you answer to the chain of command. Not the other way around.

" A free people [claim] their rights, as derived from the laws of nature."
Thomas Jefferson