Technology

Anthropic blacklist ruled illegal by California federal judge

A federal judge vacated directives targeting Anthropic, finding unlawful retaliation while leaving the Pentagon free to choose AI vendors lawfully.

James Whitfield

By James Whitfield · Staff Writer

3 min read

Anthropic blacklist ruled illegal by California federal judge
Photo: Ars Technica

A federal judge has ruled that the Anthropic blacklist was illegal, striking down Trump administration directives that had cut off the AI company from broad areas of federal and defense-contractor business. The decision restores Anthropic’s ability to compete for that work, though it does not require any agency to buy or use its technology.

U.S. District Judge Rita Lin in Northern California found that designating Anthropic a national-security supply-chain risk amounted to unlawful retaliation for protected speech, according to her Aug. 28 ruling. Lin also held that the government’s actions were arbitrary and capricious under the Administrative Procedure Act.

Why did the judge rule the Anthropic blacklist illegal?

The dispute arose after Anthropic declined to remove limits it said barred the use of its Claude AI systems for fully autonomous weapons and mass domestic surveillance. Anthropic also publicly objected to the requested contract terms, while the White House described the company as “radical left” and “woke.” Those were administration characterizations, not findings by the court.

Lin concluded that the government had punished Anthropic over its public position rather than shown that it met the legal standard for a supply-chain risk. The statute addresses the risk that an adversary could sabotage a system, add malicious functions or otherwise subvert it, the judge wrote; public disagreement about contract terms did not fall within that definition.

The judge also said the government’s national-security case was thin and changed over time. Its arguments had relied in part on the prospect of Anthropic retaining backdoor access to systems after deployment, but the government conceded that the company did not have such access, according to the ruling.

What does the court order do?

Lin vacated the supply-chain-risk designation and related directives, ordering the administration to rescind them. Ars Technica reported that the measures had directed federal agencies to permanently stop using Anthropic products and prohibited defense contractors from doing business with the company, including work unrelated to the military.

The order has a clear limit. The Defense Department may choose whatever AI supplier it prefers, Lin said, provided it follows applicable statutes and constitutional requirements. The earlier preliminary injunction likewise did not compel the government to use Anthropic’s products.

What happens next?

Anthropic welcomed the decision and said it remained focused on working productively with the government on national security. The administration may appeal the Northern District of California ruling.

A separate case involving Anthropic remained before the U.S. Court of Appeals for the D.C. Circuit, where briefing was continuing, according to Ars Technica and Forbes. That pending litigation means the broader fight over federal authority and restrictions on AI use has not been fully resolved.

This story draws on original reporting from Ars Technica.