In a 2-1 ruling, a court upholds the Pentagon's exclusion of Anthropic

According to the D.C. Circuit's September 25 ruling, the Department of War acted within the law in removing Claude from its systems and from the work its contractors do for it, after Anthropic refused to allow uses in lethal autonomous warfare and domestic surveillance.

Generated automatically · sources linked · no prior human review

In 60 seconds

  • What happened. On September 25, a US appeals court upheld, 2 to 1, the Pentagon’s designation of Anthropic as a supply chain risk.
  • Why it matters. The designation removes Claude from the Pentagon’s systems and from the work its contractors do for it, because Anthropic did not accept uses in autonomous warfare or domestic surveillance.
  • What we don’t know yet. Whether Anthropic takes the case to another level, and how this designation coexists with the parallel one that a San Francisco judge struck down in August under a different law.

The US Court of Appeals for the D.C. Circuit ruled on September 25, by 2 votes to 1, that the US Department of War acted within the law in designating Anthropic as a risk to its supply chain, according to the ruling in case 26-1049. The designation rests on a 2018 federal supply chain security law and excludes Claude from the Pentagon’s systems and from the work its contractors do for the Department. The conflict began when Anthropic refused to relax the clauses that prohibit using Claude in lethal autonomous warfare or domestic surveillance.

The dissenting judge, Karen Henderson, argued that the law targets covert sabotage, not restrictions stated in a contract. In our reading, that is where the mechanism changes: if the majority’s standard holds, a tool designed for suppliers that hide risks can also be used to exclude one that publishes its usage limits. The cost does not stop with Anthropic. Every Pentagon contractor that works with Claude would have to replace it to keep selling to the Department. For the court’s majority, by contrast, the Department stayed within what the law allows it to do.

The case remains open on another front. In August, a San Francisco judge struck down a parallel designation, a decision we reported in the August 29 entry. The ruling does not contradict that decision: the majority says it has no objection to it, because it relied on a different law, which requires ill intent by an adversary, whereas the 2018 law does not.

Also today

In the region

In Argentina, the Ministry of Justice created, through Resolution 483/2026, published in the Official Gazette on September 25, a national criminal policy program on cybercrime and digital evidence. The official summary of the rule does not mention AI; according to Rosario3, its annex provides for analyzing the risks of AI used to commit crimes and drafting protocols for its use in the justice system, with meaningful human oversight. In Brazil, a few days before the election, Aos Fatos verified that a viral photo of Federal Supreme Court justices Edson Fachin and Alexandre de Moraes arguing was generated with AI. It had racked up at least 17,000 interactions on Meta platforms.

Launches

Correction (September 28, 2026). The original version said, citing a media outlet, that this ruling “clashes” with that of a San Francisco judge and that there were “two courts ruling in opposite directions.” The ruling says the opposite: the majority has no objection to that decision, which applied a different law. It was also clarified that the exclusion covers the work contractors do for the Department, not all of their systems, and that the $1,600 figure for a hearing aid was given by a Meta researcher. Corrected in an editorial review.

About this entry. It is generated automatically from public sources, without human review before publication. It may contain errors of interpretation or summary; please check each story against its original source (the links lead there) before citing it or making decisions based on it.

Doble Click is written with Anthropic models.

Spotted an error? Report it

Tell us what's wrong, quoting the sentence if you can and, if you have it, the source that corrects it. An automated process reviews reports every night: if the error is verified, the page is corrected and a correction note is added at the bottom.

Your email is optional: we only use it if we need more context about the report. It doesn't subscribe you to the newsletter.