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ARTICLE · 29 OCTOBER 2026

D.C. Circuit Rules Pentagon Can Exclude Anthropic From Supply Chain

The U.S. Court of Appeals for the D.C. Circuit has ruled that the Department of War can exclude Anthropic from its supply chain under the Federal Acquisition Supply Chain Security Act, finding that the AI company's ability to manipulate its Claude model creates a supply chain risk. This decision contrasts with an earlier California district court ruling that blocked a similar designation under a different statute, creating a complex legal landscape for AI providers and government contractors.

United StatesGovernment, Public Sector

On September 25, 2026, the U.S. Court of Appeals for the D.C. Circuit (D.C. Circuit) ruled that the Department of War (DoW) reasonably concluded Anthropic poses a supply chain risk under the Federal Acquisition Supply Chain Security Act (FASCSA).

As discussed in our previous articles on this topic, the DoW designated Anthropic a supply chain risk under two separate statutes, 10 U.S.C. § 3252 and 41 U.S.C. § 4713. Anthropic challenged the DoW’s designation in the U.S. District Court for the Northern District of California (regarding the § 3252 designation) and in the D.C. Circuit (regarding the § 4713 designation).

The U.S. District Court for the Northern District of California (California District Court) ruled in favor of Anthropic in an August 27, 2026 decision. In that case, the DoW’s reliance on 10 U.S.C. § 3252 to find Anthropic is a supply chain risk was at issue:

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