Despite Anthropic winning a ruling against the DOD in California, it must still convince the DC Circuit Court of Appeals to lift the supply chain risk label
But while Thursday's decision is a win for Anthropic, several lawyers and lobbyists said it will do little to lift the cloud …
Politico Brendan Bordelon
Related Coverage
- Anthropic v. Department of War United States District Court for the Northern District of California
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Discussion
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@uswremichael
@uswremichael
on x
Oh @amir from Dis-Information, the Supply Chain Risk designation under 41 USC 4713 is in full force and effect. The USC 3252 preliminary injunction is on hold for 7 days while on appeal. At this moment, @AnthropicAI is a Supply Chain Risk under both sections of the statute.
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@charliebull0ck
Charlie Bullock
on x
This is an important and currently overlooked point. The Pentagon declared Anthropic a supply chain risk under two different statutes, and Anthropic had to file two different parallel lawsuits challenging each designation separately. Anthropic now has a preliminary injunction
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@_nathancalvin
Nathan Calvin
on x
Under Secretary Michael confirms Saif's point that even after Judge Lin's ruling, DOW still can (and intends to) enforce its supply chain risk designation against Anthropic under U.S.C. 4713, where the DC circuit has exclusive jurisdiction and has not yet ruled. [image]
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@alasdairpr
Alasdair Phillips-Robins
on x
The ND Cal decision is a win for Anthropic, but there's a second Pentagon supply chain risk designation, which does the same thing as the first and isn't touched by the injunction. Anthropic will have to win twice to get the SCR order undone.
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@allinallnotbad
Samuel Roland
on x
Particularly useful to note, the D.C. Circuit granting a preliminary injunction on 4713 is far less likely here.
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@khansaifm
Saif M. Khan
on x
This is a resounding victory in the N.D. Cal. with @AnthropicAI winning on all issues. An important point, not widely noted, is that DoD issued two supply chain risk designations under separate authorities: 41 U.S.C. § 4713 and 10 U.S.C. § 3252. This ruling strikes down only the
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@turn_trout
Alex Turner
on x
Seem like good reasons for caution. DC circuit might rule much differently.
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@abenewman
Abe Newman
on bluesky
For decades, courts deferred when executive played national security card. But IEEPA and Anthropic cases show what happens when executive engages in arbitrary taking. This is not just about Anthropic/tariffs implicates function of national security state. — storage.courtliste…