Anthropic has filed a petition for a rehearing en banc with the US Court of Appeals for the D.C. Circuit. The company is seeking to overturn a September 25 ruling that upheld the Department of Defense's decision to label it a supply chain risk under the Federal Acquisition Supply Chain Security Act.
The designation, which occurred in early 2026, prohibits Pentagon personnel and contractors from using Claude. The government cited concerns that Anthropic's contract terms, which restrict the use of its AI for lethal autonomous warfare and domestic surveillance, could potentially limit military operations.
In its petition, Anthropic argues that the court failed to adequately address due process and First Amendment concerns. The company contends that the initial panel ruling prioritized national security deference over constitutional protections, a point of contention that remains central to the ongoing legal dispute.
The company is simultaneously involved in a separate legal battle in California. On August 27, 2026, Judge Rita Lin ruled that related government actions against Anthropic constituted unconstitutional retaliation for the company's public stances on AI safety.
