Miller & Chevalier – On September 25, 2026, the U.S. Court of Appeals for the DC Circuit upheld the Department of War’s (DOW) designation of Anthropic as a supply chain risk under 41 U.S.C. § 4713 of the Federal Acquisition Supply Chain Security Act (FASCSA). The court found that the DOW had the authority to exclude Anthropic’s products, particularly the Claude suite of artificial intelligence (AI) models, from its supply chain, and that DOW properly exercised that authority. The DC Circuit’s decision stands in contrast to an August 27, 2026, order from the U.S. District Court for the Northern District of California, where the court granted Anthropic’s request for a permanent injunction prohibiting enforcement of the supply chain risk designation under a different authority, 10 U.S.C. § 3252, in DOW contracts and subcontracts.

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