Appeals court backs the Pentagon's exclusion of Anthropic over Claude's usage limits
D.C. Circuit judges voted 2-1 to uphold the Pentagon's blacklisting of Anthropic over limits the company set on how Claude can be used. Investors weighing a listing discussed near $2 trillion now have to price a defense lockout that an appeals court has found lawful.
The Investor · Invest desk
What happened
- The dispute began when Anthropic refused Defense Secretary Pete Hegseth's demand for an "all lawful uses" clause covering its Claude models.
- Judge Gregory Katsas wrote the majority opinion, joined by Judge Neomi Rao, while Judge Karen LeCraft Henderson dissented.
- The panel delayed its ruling from taking effect so Anthropic can seek a rehearing, review by the full D.C. Circuit, or Supreme Court review.
- Anthropic can still sell to most civilian agencies and commercial clients, with the Pentagon-specific exclusion the main bar left standing.
Why it matters
- What it sets up precedent Under the majority's no-bad-motive reading of 41 U.S.C. 4713, the Pentagon can exclude any AI supplier whose contract openly restricts military uses, so rivals writing similar terms carry the same legal exposure.
- Who's exposed exposure Companies that sell to the Pentagon now have to split their own Claude deployments, and for some, switching models may cost less than policing the boundary.
- Who has to decide decision Anthropic is keeping its two use limits even though it loses the defense business, betting that civilian and commercial demand carries the listing while the appeals run.
Next story · Invest · 2d ago
Anthropic asks the full D.C. Circuit to undo the ruling that upheld its Pentagon blacklistingConfirmed6 publishers
The contract that started this fight is small next to the money now in play. Anthropic's prototype agreement to put Claude on classified networks had a $200 million ceiling [4]. Investors have discussed a listing that could value the company near $2 trillion and raise as much as $100 billion, figures that are still preliminary and unconfirmed [23]. Measured against those numbers, the ceiling is 0.01% of the valuation and 0.2% of the raise [21][22]. The damage Anthropic claims is much larger. According to Reuters, the company says the designation has cost it billions of dollars in lost business [9], and executives' court filings also warned of delayed enterprise deals [15].
I think the contractor bar is the likeliest route from $200 million to billions. The designation keeps the military off Anthropic's models and also blocks defense contractors from using them in their work for the department [8]. Enterprise customers supply the large majority of Anthropic's revenue [24]. The bar has limits: it covers work that touches covered military systems [13]. The company has not disclosed how much of its revenue comes from customers who do that kind of work.
The government relied on two statutes, and the outcome divided along them. A judge in the Northern District of California struck down one designation under 10 U.S.C. 3252, a statute that limits supply-chain risk to malicious acts by adversaries [6]. Ars Technica reported that the appeals court did not dispute that finding. Instead it reviewed the second designation under 41 U.S.C. 4713, where, the majority wrote, "no such bad motive is required" [6]. Judge Gregory Katsas wrote that Trump and Defense Secretary Pete Hegseth "must determine how best to balance the competing risks" [7]. Judge Karen LeCraft Henderson, dissenting, said the statute was aimed at hostile actors infiltrating federal systems, not "a contractor's honest and upfront enforcement of restrictions on a covered article's use disfavored by the government" [16]. The panel also rejected Anthropic's argument that the label was retaliation for its public stance on AI safety [11].
From here the case can go three ways. If the ruling holds, the Pentagon and its contractors stay off Claude for covered work. If further review reverses it, the label comes off but the Pentagon still has no deal it wants: the department sought unrestricted access for all lawful purposes [14], and its officials argue that no private vendor should dictate how the military deploys technology on the battlefield [20]. In the third, Anthropic drops the two limits. It says certain uses cross ethical lines it will not cross [19]. "We respectfully disagree with the court's decision," an Anthropic spokesperson said [18].
In my view, any valuation model should put direct Pentagon revenue at zero, because the only outcome that restores it is the one the company has ruled out. The contractor exposure is still open. Calling it a settled risk is premature while the panel's order is on hold pending further review [17] and the broader contractor-wide ban stays blocked by the San Francisco court, which called it punitive and unsupported [10]. The zero is wrong if the department would accept a vendor's use limits after losing in court, and its officials' stated position says it would not [20].
What to watch
- An Anthropic offering document that breaks out revenue from defense contractors would put a number on the 'billions' the company says it has lost.
- Whether the full D.C. Circuit agrees to rehear the case, given that Henderson's dissent offers a ready alternative reading of 41 U.S.C. 4713.
- Which vendor replaces Claude on the Pentagon's GenAI.mil platform, and whether it signs the all-lawful-uses terms Anthropic refused.
Information, not investment advice. This story is general information about companies and markets, drawn from cited reporting. It is not a recommendation to buy, sell or hold any security; check the cited sources before acting.
Clarity's read
What the record supports and how the coverage leans. The claims behind it follow.
Reality
- Evidence70
- Adoption
- Not scored
- Hype gap+30
- Incentives60
- Confidence66
Claim ledger
Ranked by verification strength, evidence, and original report placement.
- [1]
On September 25, 2026, a 2-1 panel of the US Court of Appeals for the D.C. Circuit upheld the Defense Department's designation of Anthropic as a national-security supply-chain risk.
- [2]
The majority found that Pentagon officials reasonably concluded the company's refusal to lift contractual and technical limits on fully autonomous lethal weapons and mass domestic surveillance created unacceptable operational uncertainty for the armed forces.
- [3]
When Defense Secretary Pete Hegseth demanded an "all lawful uses" clause, Anthropic declined.
- [4]
Anthropic had earlier secured a prototype agreement with a $200 million ceiling to place its Claude models on classified networks.
- [5]
The 2-1 decision was written by Judge Gregory Katsas and joined by Judge Neomi Rao; Judge Karen LeCraft Henderson dissented, according to CNBC and Ars Technica.
- [6]
A Northern District of California judge struck down one designation under 10 U.S.C. 3252, which limits supply chain risks to malicious acts by adversaries; Ars Technica reported the appeals court did not dispute that finding but reviewed the second designation under 41 U.S.C. 4713, where, the majority wrote, "no such bad motive is required."
- [7]
Katsas wrote that Trump and Hegseth "must determine how best to balance the competing risks."
- [8]
The designation prevents the U.S. military from using Anthropic's models and blocks defense contractors from using them in their work with the agency.
- [9]
Reuters reported that Anthropic says the designation has cost it billions of dollars in lost business and damaged its reputation ahead of a planned initial public offering.
- [10]
A district judge in San Francisco blocked the government-wide and contractor-wide bans, calling them punitive and unsupported.
- [11]
Judges rejected Anthropic's argument that the designation was unlawful retaliation for the firm's public stance on AI safety and ethics.
- [12]
Anthropic remains able to sell to most civilian agencies and commercial clients while locked out of a slice of the national-security market.
- [13]
Defense contractors cannot rely on Anthropic tools for work that touches covered military systems.
- [14]
Talks over deploying Claude on the Pentagon's GenAI.mil platform broke down as the DOD sought unrestricted access across all lawful purposes while Anthropic sought assurances against fully autonomous weapons and domestic mass surveillance.
- [15]
Company executives warned in court filings that the supply chain label threatened billions in revenue, delayed enterprise deals, and risked undermining investor confidence.
- [16]
Henderson, in dissent, said the statute was aimed at hostile actors infiltrating federal systems, not "a contractor's honest and upfront enforcement of restrictions on a covered article's use disfavored by the government."
- [17]
The panel said it would delay the ruling from taking immediate effect so Anthropic can seek a rehearing before the same judges, an en banc rehearing by the full D.C. Circuit, or Supreme Court review.
- [18]
"We respectfully disagree with the court's decision," an Anthropic spokesperson said.
- [19]
Anthropic has countered that certain uses cross bright ethical lines it will not cross.
- [20]
Pentagon officials have argued that no private vendor should dictate how the military deploys technology on the battlefield.
- [21]
The $200 million contract ceiling is 0.01% of a $2 trillion valuation.
- [22]
The $200 million contract ceiling is 0.2% of a $100 billion raise.
- [23]
Investors have discussed a public listing that could value Anthropic near $2 trillion and raise as much as $100 billion, figures that remain preliminary and unconfirmed.
- [24]
Enterprise customers account for the large majority of Anthropic's revenue.
Sources
2 independent publishers whose own reporting we read for this story.
- crowdfundinsider.comAppeals Court Lets Pentagon Keep Anthropic Off Military Contracts Ahead of Potential $2T IPO
1 article · September 29, 2026
- pivotnews.aiAppeals court keeps Pentagon ban on Anthropic's Claude models in place
1 article · September 28, 2026
Topics and entities
Topics
- Federal supply-chain risk designations
- AI usage restrictions and safety terms
- AI and National Security
Entities
- GenAI.mil
- Neomi Rao
- Claude
- Pentagon
- Gregory Katsas
- Karen LeCraft Henderson
- Pete Hegseth
- Federal Acquisition Supply Chain Security Act
- U.S. Court of Appeals for the D.C. Circuit
- Anthropic