Case: Anthropic PBC v. United States Department of War

26-01049 | U.S. Court of Appeals for the District of Columbia Circuit

Filed Date: March 9, 2026

Case Ongoing

Clearinghouse coding complete

Case Summary

This case challenged the Trump administration's designation of AI company Anthropic, creator of Claude, as a national security risk after the company refused to contractually authorize the Department to use Claude for mass domestic surveillance or lethal autonomous warfare.  On March 9, 2026, Anthropic filed a petition for judicial review in the United States Court of Appeals for the District of Columbia Circuit challenging actions by the U.S. Department of War and Secretary of War Peter Hegset…

This case challenged the Trump administration's designation of AI company Anthropic, creator of Claude, as a national security risk after the company refused to contractually authorize the Department to use Claude for mass domestic surveillance or lethal autonomous warfare. 

On March 9, 2026, Anthropic filed a petition for judicial review in the United States Court of Appeals for the District of Columbia Circuit challenging actions by the U.S. Department of War and Secretary of War Peter Hegseth. The dispute arose after Secretary Hegseth issued a public directive on February 27, 2026, instructing the Department of War to designate Anthropic as a "Supply-Chain Risk to National Security" – meaning the government deemed that the company poses potential vulnerabilities, such as spying or sabotage, allowing the government to restrict or exclude the entity from defense contracts to protect national security. On March 4, 2026, the Department of War formally notified Anthropic that it had determined the use of Anthropic's products or services in Department of War-covered procurements presented a supply chain risk, with the determination taking effect immediately. The Department subsequently canceled contracts with Anthropic, began removing Claude from systems, and prohibited other contractors from using Anthropic as a subcontractor.

This petition challenged the determination under the Federal Acquisition Supply Chain Security Act of 2018 and the U.S. Constitution, alleging the Department's actions: constituted pretextual retaliation violating the First and Fifth Amendments, were arbitrary and capricious, lacked support in the administrative record, violated required procedures, and exceeded statutory authority. The same day, Anthropic also filed suit against the Department in the Northern District of California under separate statutory authority.

Two days later, Anthropic filed an emergency motion seeking to stay the Department of War's designation under 41 U.S.C. § 4713, or alternatively, an expedited merits briefing schedule. In that motion, Anthropic further contended that the Secretary's designation violated due process and constituted First Amendment retaliation after Anthropic refused to remove safety limitations from its AI model Claude that prohibited lethal autonomous warfare and mass surveillance of Americans. Anthropic presented evidence of potential contract cancellations totaling hundreds of millions or billions of dollars, while noting the contradictory nature of the Department's simultaneous requirement that Anthropic continue providing Claude for up to six months despite banning other contractors from using it.

On April 8, 2026, the court denied Anthropic's emergency motion for a stay pending review of the Secretary of War's determination. The court emphasized it would not lightly override the Department's national security judgments during an active military conflict, noting the "relatively contained risk of financial harm to a single private company" versus "judicial management of how, and through whom, the Department of War secures vital AI technology during an active military conflict.” The court did grant Anthropic's request for expedition, establishing an expedited briefing schedule with oral argument set for May 19, 2026.

Since filing the complaint, several organizations have sought to participate as amicus curiae.

This case is ongoing.

Summary Authors

Maddy Ligon (4/16/2026)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/72380208/parties/anthropic-pbc-v-united-states-department-of-war/


Expert/Monitor/Master/Other

Attorney, Barbara Anne (District of Columbia)

Attorney, Eric D. (District of Columbia)

Attorney, Sarah Elaine (District of Columbia)

Bennett, Addison (District of Columbia)

Berengaut, Alexander A. (District of Columbia)

Other

Attorney, Barbara Anne (District of Columbia)

Attorney, Eric D. (District of Columbia)

Attorney, Sarah Elaine (District of Columbia)

Bennett, Addison (District of Columbia)

Berengaut, Alexander A. (District of Columbia)

Brill, Sophia M. (District of Columbia)

Callahan, Samuel (District of Columbia)

Costa, Gregg (District of Columbia)

Counsel, Harold Hongju (District of Columbia)

Crowley, Megan (District of Columbia)

D'Andrea, Gina (District of Columbia)

Deutsch, Elizabeth B. (District of Columbia)

Dunbar, Kelly Patrick (District of Columbia)

Dunbar-Gronke, Anneke F. (District of Columbia)

Eisen, Norman Larry (District of Columbia)

Esquire, Anthony P. (District of Columbia)

Gardner, Megan (District of Columbia)

Geltzer, Joshua Alexander (District of Columbia)

Gorski, Ashley (District of Columbia)

Grant, Sarah (District of Columbia)

Harris, George C. (District of Columbia)

Hwang, Tim Ren (District of Columbia)

Jain, Mishi (District of Columbia)

Janda, Sean R. (District of Columbia)

Kilaru, Rakesh (District of Columbia)

Klapper, Matthew Bennett (District of Columbia)

Klubes, Benjamin Barnet (District of Columbia)

Lakner, James (District of Columbia)

Lamb, Kevin Matthew (District of Columbia)

Lev, Ori (District of Columbia)

Loeb, Alexis (District of Columbia)

Mui, Connor Philip (District of Columbia)

Petrick, Josephine Kendra (District of Columbia)

Scarpelli, Brian (District of Columbia)

Shah, Sopen B. (District of Columbia)

Shumate, Brett A. (District of Columbia)

Sobel, Aaron (District of Columbia)

Solicitor, Benjamin C. (District of Columbia)

Springer, Brian James (District of Columbia)

Swingle, Sharon (District of Columbia)

Thayer, Joel (District of Columbia)

Theodore, Elisabeth Susan (District of Columbia)

Toomey, Patrick (District of Columbia)

Ugai, John M. (District of Columbia)

Wolff, Daniel William (District of Columbia)

Zimmitti, Andrew (District of Columbia)

Zionts, David Meir (District of Columbia)

Documents in the Clearinghouse

Documents in this case
1208828684

26-01049

Petition for Review

Anthropic PBC v. U.S. Department of War

March 9, 2026

March 9, 2026

Pleading / Motion / Brief

Docket

See docket on RECAP: https://www.courtlistener.com/docket/72380208/anthropic-pbc-v-united-states-department-of-war/

Last updated July 28, 2026, 3:29 p.m.

ECF Number Date Description Link
1208828684 March 9, 2026

PETITION FOR REVIEW [2162687] of a decision by federal agency filed by Anthropic PBC [Service Date: 03/09/2026] Disclosure Statement: Attached. [26-1049] [Entered: 03/09/2026 12:27 PM]

Clearinghouse
1208828687 March 9, 2026

CERTIFIED COPY [2162688] of Petition for Review sent to respondent [2162687-2]. [26-1049] [Entered: 03/09/2026 12:28 PM]

RECAP
1208828702 March 9, 2026

CLERK'S ORDER [2162695] filed directing the parties to file initial submissions: PETITIONER docketing statement due 04/08/2026. PETITIONER certificate as to parties due 04/08/2026. PETITIONER statement of issues due 04/08/2026. PETITIONER underlying decision due 04/08/2026. PETITIONER deferred appendix statement due 04/08/2026. PETITIONER procedural motions due 04/08/2026. PETITIONER dispositive motions due 04/23/2026. RESPONDENT entry of appearance due 04/08/2026. RESPONDENT procedural motions due 04/08/2026. RESPONDENT certified index to record due 04/23/2026. RESPONDENT dispositive motions due 04/23/2026 [26-1049] [Entered: 03/09/2026 12:43 PM]

RECAP
March 9, 2026

PETITION FOR REVIEW CASE docketed. [26-1049] [Entered: 03/09/2026 12:26 PM]

1208829345 March 10, 2026

ENTRY OF APPEARANCE [2163025] filed by Sharon Swingle and co-counsel Sean R. Janda; Brian J. Springer on behalf of Respondents Peter B. Hegseth and United States Department of War. [26-1049] (Janda, Sean) [Entered: 03/10/2026 06:02 PM]

RECAP
1208829653 March 11, 2026

EMERGENCY MOTION [2163176] to stay underlying order pending appeal filed by Anthropic PBC (Service Date: 03/11/2026 by CM/ECF NDA) Length Certification: 5,188 Words. [26-1049] (Dunbar, Kelly) [Entered: 03/11/2026 11:15 PM]

1 Petitioner's Emergency Motion for Stay Pending Review

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2 Addendum

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3 Checklist for Emergency Motions

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1208829661 March 12, 2026

MOTION [2163178] to participate as amicus curiae [Disclosure Listing: Attached] filed by Foundation for American Innovation, Fifty Years, Fathom, ChinaTalk, Martin Chorzempa, Alex Imas, Pangram, Institute for Progress, Dean Ball, Dwarkesh Patel, Roots of Progress, Saif Khan [Service Date: 03/12/2026 ] [26-1049] (Hwang, Tim) [Entered: 03/12/2026 12:38 AM]

1 Motion to Participate as Amicus Curiae Filed

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2 Proposed Amicus Brief

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1208829735 March 12, 2026

AMICUS FOR PETITIONER BRIEF [2163215] lodged by Dean Ball, ChinaTalk, Martin Chorzempa, Fathom, Fifty Years, Foundation for American Innovation, Alex Imas, Institute for Progress, Saif Khan, Pangram, Dwarkesh Patel and Roots of Progress [Service Date: 03/12/2026 ] Length of Brief: 3,541 words. [26-1049] [Entered: 03/12/2026 10:31 AM]

RECAP
1208829854 March 12, 2026

MOTION [2163273] to participate as amicus curiae [Disclosure Listing: Not Applicable to this Party] filed by Former Service Secretaries and Retired Senior Military Officers [Service Date: 03/12/2026 ] [26-1049] (Harrington, Sarah) [Entered: 03/12/2026 01:38 PM]

1 Motion to Participate as Amicus Curiae Filed

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2 Proposed Brief of Amici Curiae

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RECAP
1208829888 March 12, 2026

AMICUS FOR PETITIONER BRIEF [2163300] lodged by Former Service Secretaries and Retired Senior Military Officers [Service Date: 03/12/2026 ] Length of Brief: 3,755 words. [26-1049] [Entered: 03/12/2026 02:41 PM]

RECAP
1208830023 March 12, 2026

CONSENT NOTICE [2163366] of intention to participate as amicus curiae [Disclosure Listing: Attached] filed by Employees of Open AI and Google in Their Personal Capacities [Service Date: 03/12/2026 ] [26-1049] (Lev, Ori) [Entered: 03/12/2026 07:18 PM]

RECAP
1208830045 March 12, 2026

AMICUS FOR PETITIONER BRIEF [2163373] filed by Foundation for Individual Rights and Expression, Electronic Frontier Foundation, Cato Institute, Chamber of Progress, and First Amendment Lawyers Association [Service Date: 03/12/2026 ] Length of Brief: 5,151 words. [26-1049] (Shah, Sopen) [Entered: 03/12/2026 09:38 PM]

RECAP
1208830127 March 13, 2026

CONSENT AMICUS FOR PETITIONER BRIEF [2163420] filed by Employees of OpenAI and Google in Their Personal Capacities [Service Date: 03/13/2026 ] Length of Brief: 3,282. [26-1049] (Lev, Ori) [Entered: 03/13/2026 09:28 AM]

RECAP
1208830145 March 13, 2026

PER CURIAM ORDER [2163428] filed ORDERED that respondents file a response to the emergency motion for a stay [2163176-2] by March 19, 2026. Petitioner’s reply is due by March 23, 2026. Before Judges: Wilkins, Katsas and Rao. [26-1049] [Entered: 03/13/2026 09:42 AM]

RECAP
1208830425 March 13, 2026

CONSENT NOTICE [2163584] of intention to participate as amicus curiae [Disclosure Listing: Not Applicable to this Party] filed by Professor Alan Z. Rozenshtein [Service Date: 03/13/2026 ] [26-1049] (Theodore, Elisabeth)

RECAP
1208830434 March 13, 2026

AMICUS FOR PETITIONER BRIEF [2163588] filed by Professor Alan Z. Rozenshtein [Service Date: 03/13/2026 ] Length of Brief: 4,383 Words. [26-1049] (Theodore, Elisabeth)

RECAP
1208830529 March 13, 2026

AMICUS FOR PETITIONER BRIEF [2163623] filed by Freedom Economy Business Association [Service Date: 03/13/2026 ] Length of Brief: 2,449. [26-1049] (Harris, George)

1 Amicus for Appellant/Petitioner Brief Filed

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2 Notice of Intent to Support Petitioner

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3 Entry of Appearance - George Harris

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RECAP
1208830718 March 13, 2026

ENTRY OF APPEARANCE [2163740] filed by Mr. George C. Harris for Freedom Economy Business Association, Candide Group, Howard Fischer, Thomas Haslett, Investor Advocates for Social Justice, Mission Driven Finance, The Nathan Cummings Foundation, Inc., Omidyar Network LLC and Pluralize Capital. [26-1049] [Entered: 03/16/2026 10:44 AM]

RECAP
1208831045 March 16, 2026

MOTION [2163901] to participate as amicus curiae [Disclosure Listing: Attached] filed by Former Senior National Security Government Officials [Service Date: 03/16/2026 ] [26-1049] (Loeb, Alexis) [Entered: 03/16/2026 05:52 PM]

1 Motion to Participate as Amicus Curiae Filed

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2 Proposed Amici Brief

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1208831066 March 16, 2026

MOTION [2163907] to participate as amicus curiae [Disclosure Listing: Attached] filed by American Civil Liberties Union and Center for Democracy & Technology [Service Date: 03/16/2026 ] [26-1049] (Gorski, Ashley) [Entered: 03/16/2026 07:03 PM]

1 Motion to Participate as Amicus Curiae Filed

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2 Proposed Amicus Brief

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3 Entry of Appearance

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1208831071 March 16, 2026

AMICUS FOR PETITIONER BRIEF [2163908] lodged by Former Senior National Security Government Officials [Service Date: 03/16/2026 ] Length of Brief: 6,132 Words. [26-1049] [Edited 03/17/2026 by EKC--MODIFIED EVENT FROM FILED TO LODGED] (Loeb, Alexis) [Entered: 03/16/2026 07:10 PM]

RECAP
1208831083 March 16, 2026

AMENDED AMICUS FOR PETITIONER BRIEF [2163912] filed by Freedom Economy Business Association [Service Date: 03/16/2026 ] Length of Brief: 2,449. [26-1049]--[Edited 03/17/2026 by EKC] (Harris, George) [Entered: 03/16/2026 07:32 PM]

1 Amicus for Appellant/Petitioner Supplemental Brief Filed

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2 Amended Corporate Disclosure Statement of Amici FEBA et al

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1208831087 March 16, 2026

MOTION [2163913] to participate as amicus curiae [Disclosure Listing: Not Applicable to this Party] filed by Catholic Theologians and Ethicists [Service Date: 03/16/2026 ] [26-1049] (Klubes, Benjamin) [Entered: 03/16/2026 07:45 PM]

RECAP
1208831090 March 16, 2026

AMICUS FOR PETITIONER BRIEF [2163914] lodged by Catholic Theologians and Ethicists [Service Date: 03/16/2026 ] Length of Brief: 2,580 words. [26-1049] [Edited 03/17/2026 by EKC--MODIFIED EVENT FROM FILED TO LODGED] (Klubes, Benjamin) [Entered: 03/16/2026 07:50 PM]

RECAP
1208831117 March 16, 2026

MOTION [2163923] to participate as amicus curiae [Disclosure Listing: Attached] filed by TechNet, Software & Information Industry Association, Computer & Communications Industry Association, Information Technology Industry Council [Service Date: 03/16/2026 ] [26-1049] (Wolff, Daniel) [Entered: 03/16/2026 11:02 PM]

RECAP
1208831120 March 16, 2026

AMICUS FOR PETITIONER BRIEF [2163924] lodged by TechNet, Software & Information Industry Association, Computer & Communications Industry Association, Information Technology Industry Council [Service Date: 03/16/2026 ] Length of Brief: 2459 words. [26-1049] [Edited 03/17/2026 by EKC--MODIFIED EVENT FROM FILED TO LODGED] (Wolff, Daniel) [Entered: 03/16/2026 11:05 PM]

RECAP
1208831430 March 16, 2026

ENTRY OF APPEARANCE [2164097] filed by Ashley Gorski for American Civil Liberties Union and Center for Democracy and Technology and Patrick Toomey for American Civil Liberties Union and Center for Democracy and Technology. [26-1049] [Entered: 03/17/2026 03:15 PM]

RECAP
1208831436 March 16, 2026

AMICUS FOR PETITIONER BRIEF [2164098] lodged by American Civil Liberties Union and Center for Democracy and Technology [Service Date: 03/16/2026 ] Length of Brief: 6,486 words. [26-1049] [Entered: 03/17/2026 03:18 PM]

RECAP
1208831446 March 17, 2026

NOTICE [2164108] of intention to participate as amicus curiae [Disclosure Listing: Attached] filed by ACT | The App Association [Service Date: 03/17/2026 ] [26-1049] (Scarpelli, Brian) [Entered: 03/17/2026 03:25 PM]

RECAP
1208831460 March 17, 2026

MOTION [2164113] to participate as amicus curiae [Disclosure Listing: Attached] filed by ACT | The App Association [Service Date: 03/17/2026 ] [26-1049] (Scarpelli, Brian) [Entered: 03/17/2026 03:36 PM]

1 Motion to Participate as Amicus Curiae Filed

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2 ACT Amicus Curiae

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1208831539 March 17, 2026

CORRECTED AMICUS FOR PETITIONER BRIEF [2164145] filed by Former Senior National Security Government Officials [Service Date: 03/17/2026 ] Length of Brief: 6,132 Words. [26-1049] (Loeb, Alexis) [Entered: 03/17/2026 05:55 PM]

RECAP
1208831564 March 17, 2026

MOTION [2164155] to participate as amicus curiae [Disclosure Listing: Attached] filed by 149 Former Judges and Democracy Defenders Fund [Service Date: 03/17/2026 ] [26-1049] (Brill, Sophia)

1 Motion to Participate as Amicus Curiae Filed

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2 Proposed Amicus Brief of 149 Former Judges and Democracy Defenders Fund

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1208831569 March 17, 2026

AMICUS FOR PETITIONER BRIEF [2164156] filed by 149 Former Judges and Democracy Defenders Fund [Service Date: 03/17/2026 ] Length of Brief: 4,224 words. [26-1049] (Brill, Sophia)

RECAP
1208831708 March 17, 2026

AMICUS FOR PETITIONER BRIEF [2164233] lodged by ACT | The App Association [Service Date: 03/17/2026 ] Length of Brief: 2,103 words. [26-1049] [Entered: 03/18/2026 01:05 PM]

RECAP
1208832389 March 19, 2026

RESPONSE IN OPPOSITION [2164558] to motion [2163176-2] filed by Peter B. Hegseth and United States Department of War [Service Date: 03/19/2026 by CM/ECF NDA] Length Certification: 5162 words. [26-1049] (Janda, Sean)

RECAP
1208833581 March 23, 2026

REPLY [2165167] filed by Anthropic PBC to response [Service Date: 03/23/2026 by CM/ECF NDA] Length Certification: 2,600 Words. [26-1049] (Dunbar, Kelly)

RECAP
1208834843 March 26, 2026

LETTER [2165837] pursuant to FRAP 28j advising of additional authorities filed by Anthropic PBC [Service Date: 03/26/2026 ] [26-1049] (Dunbar, Kelly) [Entered: 03/26/2026 10:08 PM]

1 Letter Filed

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2 Exhibit A

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3 Exhibit B

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1208839342 April 6, 2026

MOTION [2167990] to participate as amicus curiae combined with AMICUS FOR PETITIONER BRIEF lodged by James Lakner [Service Date: 04/02/2026] Length of Brief: 1 page. [26-1049] [Entered: 04/10/2026 11:41 AM]

RECAP
April 6, 2026

[DENIED BY ORDER FILED 4/20/26] MOTION 2167990 to participate as amicus curiae combined with AMICUS FOR PETITIONER BRIEF lodged by James Lakner [Service Date: 04/02/2026] Length of Brief: 1 page. [26-1049] [Entered: 04/10/2026 11:41 AM]

1208838607 April 8, 2026

DOCKETING STATEMENT [2167654] filed by Anthropic PBC [Service Date: 04/08/2026 ] [26-1049] (Dunbar, Kelly) [Entered: 04/08/2026 03:32 PM]

RECAP
1208838610 April 8, 2026

CERTIFICATE AS TO PARTIES, RULINGS AND RELATED CASES [2167655] filed by Anthropic PBC [Service Date: 04/08/2026 ] [26-1049] (Dunbar, Kelly) [Entered: 04/08/2026 03:34 PM]

RECAP
1208838613 April 8, 2026

STATEMENT OF ISSUES [2167656] filed by Anthropic PBC [Service Date: 04/08/2026 ] [26-1049] (Dunbar, Kelly) [Entered: 04/08/2026 03:38 PM]

RECAP
1208838616 April 8, 2026

UNDERLYING DECISION IN CASE [2167657] submitted by Anthropic PBC [Service Date: 04/08/2026 ] [26-1049] (Dunbar, Kelly) [Entered: 04/08/2026 03:40 PM]

1 Certificate of Underlying Decisions

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2 Exhibit 1

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3 Exhibit 2

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4 Exhibit 3

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1208838622 April 8, 2026

STATEMENT OF INTENT REGARDING APPENDIX DEFERRAL [2167658] filed by Anthropic PBC [Service Date: 04/08/2026 ] Intent: AppxDeferred [26-1049] (Dunbar, Kelly) [Entered: 04/08/2026 03:42 PM]

RECAP
1208838678 April 8, 2026

PER CURIAM ORDER (with Per Curiam Statement attached) [2167684] filed granting motions to participate as amicus curiae [2164155-2], [2164113-2], [2163923-2], [2163913-2], [2163907-2], granting motion to participate as amicus curiae [2163901-2], [2163273-2], [2163178-2]; The Clerk is directed to file the lodged Amicus briefs [2164233-2], [2164156-2], [2164145-2], [2164098-2], [2163924-2], [2163914-2], [2163300-2], [2163215-2]; denying emergency motion for stay pending appeal [2163176-2], setting briefing schedule: PETITIONER Brief due 04/22/2026. APPENDIX due 04/22/2026. Brief(s) of Amicus Curiae, if any, Supporting Petitioner due 04/22/2026. RESPONDENT Brief due on 05/06/2026. Briefs(s) of Amicus Curiae, if any, Supporting Respondents due 05/06/2026. PETITIONER Reply Brief due 05/13/2026 (SEE ORDER FOR DETAILS), scheduling oral argument on Tuesday, 05/19/2026. Before Judges: Henderson, Katsas and Rao. [26-1049] [Entered: 04/08/2026 05:31 PM]

RECAP
April 8, 2026

PER ABOVE ORDER lodged Amicus brief [2164233-2], Amicus brief [2164156-2], Amicus brief [2164145-2], Amicus brief [2164098-2], Amicus brief [2163924-2], Amicus brief [2163914-2], Amicus brief [2163300-2], Amicus brief [2163215-2] is filed [26-1049]

April 8, 2026

PER ABOVE ORDER lodged Amicus brief [2164233-2], Amicus brief [2164156-2], Amicus brief [2164145-2], Amicus brief [2164098-2], Amicus brief [2163924-2], Amicus brief [2163914-2], Amicus brief [2163300-2], Amicus brief [2163215-2] is filed [26-1049] [Entered: 04/08/2026 05:34 PM]

1208842447 April 20, 2026

PER CURIAM ORDER [2169502] filed denying motion of James Lakner to participate as amicus curiae [2167990-2]. The Clerk is directed to note the docket accordingly. Before Judges: Henderson, Katsas and Rao. [26-1049] [Entered: 04/20/2026 02:48 PM]

RECAP
1208843021 April 22, 2026

AMICUS FOR PETITIONER BRIEF [2169767] filed by Foundation for American Innovation, Fifty Years, Fathom, ChinaTalk, Martin Chorzempa, Alex Imas, Pangram, Institute for Progress, Dean Ball, Dwarkesh Patel, Roots of Progress and Saif Khan Michael Sobolik, Steve Newman, Taren Stinebrickner-Kauffman [Service Date: 04/22/2026 ] Length of Brief: 3,612 words. [26-1049] (Hwang, Tim) [Entered: 04/22/2026 09:48 AM]

RECAP
1208843139 April 22, 2026

CONSENT AMICUS FOR PETITIONER BRIEF [2169853] filed by Taxpayers Protection Alliance Foundation [Service Date: 04/22/2026 ] Length of Brief: 3822 words. [26-1049] (Smith, Barbara) [Entered: 04/22/2026 01:35 PM]

RECAP
1208843177 April 22, 2026

ENTRY OF APPEARANCE [2169865] filed by Josephine K. Petrick on behalf of Amici Curiae for Petitioner Freedom Economy Business Association, The Nathan Cummings Foundation, Inc., Candide Group, Howard Fischer, Thomas Haslett, The Interfaith Center on Corporate Responsibility, Humanize Wealth, Investor Advocates for Social Justice, Pluralize Capital, Mission Driven Finance, John O'Farrell and Omidyar Network LLC. [26-1049] (Petrick, Josephine) [Entered: 04/22/2026 02:12 PM]

RECAP
1208843183 April 22, 2026

AMICUS FOR PETITIONER BRIEF [2169868] filed by Freedom Economy Business Association, Candide Group, Howard Fischer, Thomas Haslett, Humanize Wealth, Investor Advocates for Social Justice, Mission Driven Finance, John O'Farrell, Omidyar Network LLC, Pluralize Capital, The Interfaith Center on Corporate Responsibility and The Nathan Cummings Foundation, Inc. American Federation of Teachers; Adasina Social Capital [Service Date: 04/22/2026 ] Length of Brief: 3,125 words. [26-1049] (Petrick, Josephine) [Entered: 04/22/2026 02:23 PM]

1 Amicus for Appellant/Petitioner Brief Filed

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2 Amended Notice of Intent

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1208843262 April 22, 2026

AMICUS FOR PETITIONER FINAL BRIEF [2169900] filed by Catholic Moral Theologians and Ethicists Catholic Theologians and Ethicists [Service Date: 04/22/2026 ] Length of Brief: 2,605 words. [26-1049] (Klubes, Benjamin) [Entered: 04/22/2026 04:05 PM]

RECAP
1208843288 April 22, 2026

AMICUS FOR PETITIONER BRIEF [2169913] filed by Former Senior National Security Government Officials [Service Date: 04/22/2026 ] Length of Brief: 6,490 words. [26-1049] (Loeb, Alexis) [Entered: 04/22/2026 04:55 PM]

RECAP
1208843319 April 22, 2026

CONSENT NOTICE [2169923] of intention to participate as amicus curiae [Disclosure Listing: Attached] filed by Employees of Open AI and Google in Their Personal Capacities [Service Date: 04/22/2026 ] [26-1049] (Lev, Ori) [Entered: 04/22/2026 05:21 PM]

RECAP
1208843334 April 22, 2026

CONSENT AMICUS FOR PETITIONER BRIEF [2169928] filed by Employees of OpenAI and Google in their personal capacities [Service Date: 04/22/2026 ] Length of Brief: 3,282 Words. [26-1049] (Lev, Ori) [Entered: 04/22/2026 05:29 PM]

RECAP
1208843337 April 22, 2026

CONSENT AMICUS FOR PETITIONER BRIEF [2169929] filed by American Civil Liberties Union and Center for Democracy and Technology [Service Date: 04/22/2026 ] Length of Brief: 6,496 words. [26-1049] (Gorski, Ashley) [Entered: 04/22/2026 05:30 PM]

RECAP
1208843343 April 22, 2026

AMICUS FOR PETITIONER BRIEF [2169931] filed by Former Service Secretaries [Service Date: 04/22/2026 ] Length of Brief: 3,776 Words. [26-1049] (Harrington, Sarah) [Entered: 04/22/2026 05:43 PM]

RECAP
1208843391 April 22, 2026

AMICUS FOR PETITIONER BRIEF [2169949] filed by ACT | The App Association [Service Date: 04/22/2026 ] Length of Brief: This brief complies with Fed. R. App. P. 29(a)(5) and 32(f) because it con-tains 2103 words, excluding the parts of the brief exempted by Fed. R. App. P. 32(f).. [26-1049] (Scarpelli, Brian) [Entered: 04/22/2026 06:44 PM]

RECAP
1208843394 April 22, 2026

PETITIONER BRIEF [2169950] filed by Anthropic PBC [Service Date: 04/22/2026 ] Length of Brief: 12,890 words. [26-1049] (Dunbar, Kelly) [Entered: 04/22/2026 06:45 PM]

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1208843397 April 22, 2026

CONSENT AMICUS FOR PETITIONER BRIEF [2169951] filed by Leon Panetta and the Institute for Security and Technology [Service Date: 04/22/2026 ] Length of Brief: 34 Pages. [26-1049] (Klapper, Matthew) [Entered: 04/22/2026 06:47 PM]

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1208843409 April 22, 2026

APPENDIX [2169955] filed by Anthropic PBC [Volumes: 4] [Service Date: 04/22/2026 ] [26-1049] (Dunbar, Kelly) [Entered: 04/22/2026 07:11 PM]

1 Appendix Volume 1 (App.1-App.65)

View on RECAP

2 Appendix Volume 2 (App.66-App.176)

View on RECAP

3 Appendix Volume 3 (App.177-App.297)

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4 Appendix Volume 4 (App.298-App.422)

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1208843421 April 22, 2026

AMICUS FOR PETITIONER BRIEF [2169958] filed by 149 Former Judges and Democracy Defenders Fund [Service Date: 04/22/2026 ] Length of Brief: 5592. [26-1049] (Costa, Gregg) [Entered: 04/22/2026 07:47 PM]

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1208843442 April 22, 2026

CONSENT AMICUS FOR PETITIONER BRIEF [2169965] filed by Foundation for Individual Rights and Expression, Cato Institute, First Amendment Lawyers Association, Electronic Frontier Foundation and Chamber of Progress [Service Date: 04/22/2026 ] Length of Brief: 5,566 words. [26-1049] (Shah, Sopen) [Entered: 04/22/2026 08:35 PM]

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1208843451 April 22, 2026

NOTICE [2169968] of intention to participate as amicus curiae [Disclosure Listing: Attached] filed by TechNet, Software & Information Industry Association, Computer & Communications Industry Association, Information Technology Industry Council [Service Date: 04/22/2026 ] [26-1049] (Wolff, Daniel) [Entered: 04/22/2026 08:45 PM]

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1208843454 April 22, 2026

CONSENT AMICUS FOR PETITIONER BRIEF [2169969] filed by Faith Family Technology Network [Service Date: 04/22/2026 ] Length of Brief: 3530 Words.. [26-1049] (Kilaru, Rakesh) [Entered: 04/22/2026 08:45 PM]

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1208843463 April 22, 2026

CONSENT AMICUS FOR PETITIONER BRIEF [2169972] filed by TechNet, Software & Information Industry Association, Computer & Communications Industry Association and Information Technology Industry Council [Service Date: 04/22/2026 ] Length of Brief: 5,961 words. [26-1049] (Wolff, Daniel) [Entered: 04/22/2026 09:04 PM]

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1208843469 April 22, 2026

CONSENT AMICUS FOR PETITIONER BRIEF [2169974] filed by Alan Z. Rozenshtein [Service Date: 04/22/2026 ] Length of Brief: 4,386 words. [26-1049] (Theodore, Elisabeth) [Entered: 04/22/2026 09:27 PM]

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1208843643 April 23, 2026

AMICUS FOR RESPONDENT BRIEF [2170051] filed by JOEL THAYER, SENIOR FELLOW AT THE AMERICA FIRST POLICY INSTITUTE [Service Date: 04/23/2026 ] Length of Brief: 3,157 words. [26-1049] (Thayer, Joel) [Entered: 04/23/2026 01:04 PM]

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1208843910 April 23, 2026

CERTIFIED INDEX TO RECORD [2170179] filed by Peter B. Hegseth and United States Department of War [Service Date: 04/23/2026 ] [26-1049] (Janda, Sean) [Entered: 04/23/2026 06:00 PM]

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1208844849 April 27, 2026

CORRECTED AMICUS FOR PETITIONER BRIEF [2170651] filed by Former Service Secretaries [Service Date: 04/27/2026 ] Length of Brief: 3,765 Words. [26-1049] (Harrington, Sarah) [Entered: 04/27/2026 05:57 PM]

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1208845354 April 28, 2026

CORRECTED AMICUS FOR PETITIONER BRIEF [2170925] filed by Freedom Economy Business Association, Candide Group, Howard Fischer, Thomas Haslett, Humanize Wealth, Institute for Progress, Investor Advocates for Social Justice, Mission Driven Finance, John O'Farrell, Pluralize Capital, The Interfaith Center on Corporate Responsibility and The Nathan Cummings Foundation, Inc. American Federation of Teachers; Adasina Social Capital [Service Date: 04/28/2026 ] Length of Brief: 3,125 Words. [26-1049]--[Edited 04/29/2026 by EBL-Docket Text Modified] (Petrick, Josephine) [Entered: 04/28/2026 07:11 PM]

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1208847713 May 6, 2026

PER CURIAM ORDER [2172079] filed allocating oral argument time as follows: Petitioner - 15 Minutes, Respondents - 15 Minutes. One counsel per side to argue; directing party to file Form 72 notice of arguing attorney by 05/08/2026 [26-1049] [Entered: 05/06/2026 01:51 PM]

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1208847824 May 6, 2026

NOTICE [2172136] to withdraw attorney Sopen B. Shah who represented Cato Institute, Chamber of Progress, Electronic Frontier Foundation, First Amendment Lawyers Association and Foundation for Individual Rights and Expression in 26-1049 filed by Cato Institute, Chamber of Progress, Electronic Frontier Foundation, First Amendment Lawyers Association and Foundation for Individual Rights and Expression [Service Date: 05/06/2026 ] [26-1049] (Shah, Sopen) [Entered: 05/06/2026 06:04 PM]

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1208847842 May 6, 2026

RESPONDENT BRIEF [2172140] filed by Peter B. Hegseth and United States Department of War [Service Date: 05/06/2026 ] Length of Brief: 12,966 words. [26-1049] (Janda, Sean) [Entered: 05/06/2026 08:54 PM]

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May 8, 2026

FORM 72 submitted by arguing attorney, Sharon Swingle, on behalf of Respondents Peter B. Hegseth and United States Department of War (For Internal Use Only: Form is restricted to protect counsel's personal contact information). [26-1049] (Swingle, Sharon)

May 8, 2026

FORM 72 submitted by arguing attorney, Kelly P. Dunbar, on behalf of Petitioner Anthropic PBC (For Internal Use Only: Form is restricted to protect counsel's personal contact information). [26-1049] (Dunbar, Kelly) [Entered: 05/08/2026 09:10 AM]

May 8, 2026

FORM 72 submitted by arguing attorney, Sharon Swingle, on behalf of Respondents Peter B. Hegseth and United States Department of War (For Internal Use Only: Form is restricted to protect counsel's personal contact information). [26-1049] (Swingle, Sharon) [Entered: 05/08/2026 09:49 AM]

1208849217 May 12, 2026

LETTER [2172918] Update statements in response brief and declaration filed by Peter B. Hegseth and United States Department of War [Service Date: 05/12/2026 ] [26-1049] (Swingle, Sharon) [Entered: 05/12/2026 11:24 AM]

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1208849337 May 12, 2026

NOTICE [2172982] to withdraw attorney Alexander A. Berengaut who represented Former Service Secretaries and Retired Senior Military Officers in 26-1049 filed by Former Service Secretaries and Retired Senior Military Officers [Service Date: 05/12/2026 ] [26-1049] (Berengaut, Alexander) [Entered: 05/12/2026 03:01 PM]

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1208849633 May 13, 2026

PETITIONER REPLY BRIEF [2173124] filed by Anthropic PBC [Service Date: 05/13/2026 ] Length of Brief: 6,465 words. [26-1049] (Dunbar, Kelly) [Entered: 05/13/2026 01:39 PM]

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1208851556 May 19, 2026

ORAL ARGUMENT HELD before Judges Henderson, Katsas and Rao. [26-1049] [Entered: 05/19/2026 03:41 PM]

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1208852327 May 21, 2026

PER CURIAM ORDER [2174506] filed on the court’s own motion, that the parties file supplemental briefs (see order for details). The supplemental briefs, not to exceed 2,500 words, are due by 4:00 p.m. on May 28, 2026. In addition to filing electronically, the parties are directed to hand-deliver the paper copies of their submissions to the court by the time and date due. Before Judges: Henderson, Katsas and Rao. [26-1049] [Entered: 05/21/2026 03:04 PM]

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1208852485 May 21, 2026

JOINT UNOPPOSED MOTION [2174576] to extend time to file brief to 06/04/2026 filed by Peter B. Hegseth, United States Department of War and Anthropic PBC [Service Date: 05/21/2026 ] Length Certification: 357 words. [26-1049] (Janda, Sean) [Entered: 05/21/2026 09:56 PM]

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1208852954 May 22, 2026

PER CURIAM ORDER [2174795] filed granting joint motionfor extension of time [2174576-2]. The parties' supplemental briefs are now due by 4:00 p.m. on 06/04/2026. Before Judges: Henderson, Katsas and Rao. [26-1049] [Entered: 05/22/2026 06:03 PM]

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1208857200 June 3, 2026

MOTION [2176974] to participate as amicus curiae [Disclosure Listing: Not Attached] lodged by Human Flag Association [Service Date: 06/05/2026 ] [26-1049][Edited 06/05/2026 by EBL--MODIFIED EVENT FROM FILED TO LODGED] [Entered: 06/05/2026 10:29 AM]

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1208857212 June 3, 2026

AMICUS BRIEF [2176978] lodged by Human Flag Association [Service Date: 06/05/2026 ] Length of Brief: 12 Pages. [26-1049] [Entered: 06/05/2026 10:38 AM]

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June 3, 2026

AMICUS BRIEF 2176978 lodged by Human Flag Association [Service Date: 06/05/2026 ] Length of Brief: 12 Pages. [26-1049] [Entered: 06/05/2026 10:38 AM]

June 3, 2026

[LEAVE TO FILE DENIED BY ORDER FILED 6/8/26]--AMICUS BRIEF 2176978 lodged by Human Flag Association [Service Date: 06/05/2026 ] Length of Brief: 12 Pages. [26-1049] [Entered: 06/05/2026 10:38 AM]

1208856734 June 4, 2026

PETITIONER SUPPLEMENTAL BRIEF [2176752] filed by Anthropic PBC [Service Date: 06/04/2026 ] Length of Brief: 2,499 Words. [26-1049] (Dunbar, Kelly) [Entered: 06/04/2026 12:22 PM]

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1208856765 June 4, 2026

RESPONDENT SUPPLEMENTAL BRIEF [2176767] filed by Peter B. Hegseth and United States Department of War [Service Date: 06/04/2026 ] Length of Brief: 2316 words. [26-1049] (Springer, Brian) [Entered: 06/04/2026 12:44 PM]

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1208857024 June 4, 2026

LETTER [2176887] Regarding Petitioner's Receipt of the Government's Decision Regarding Reconsideration of Determination filed by Anthropic PBC [Service Date: 06/04/2026 ] [26-1049] (Dunbar, Kelly) [Entered: 06/04/2026 06:01 PM]

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1208858021 June 8, 2026

PER CURIAM ORDER [2177388] filed denying motion of Human Flag Association for leave to file a brief amicus curiae out of time [2176974-2] The Clerk is directed to note the docket accordingly. Before Judges: Henderson, Katsas and Rao. [26-1049] [Entered: 06/08/2026 12:27 PM]

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1208862136 June 18, 2026

CONSENT MOTION [2179623] to consolidate cases filed by Anthropic PBC (Service Date: 06/18/2026 by CM/ECF NDA) Length Certification: 646 Words. [26-1049] (Dunbar, Kelly)

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1208863429 June 24, 2026

PER CURIAM ORDER [2180359] filed granting petitioner's consent motion to consolidate [2179623-2] [2179624-2] in 26-1162 (Consolidation started 06/24/2026) with 26-1049, setting supplemental briefing schedule: PETITIONER Supplemental Brief due 07/06/2026. RESPONDENT Supplemental Brief due on 07/24/2026. PETITIONER Supplemental Reply Brief due 08/03/2026. Before Judges: Henderson, Katsas and Rao. [26-1049, 26-1162] (Circuit Judge Henderson would deny the motion for supplemental briefing)

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1208866494 July 6, 2026

PETITIONER SUPPLEMENTAL BRIEF [2181876] filed by Anthropic PBC in 26-1049, 26-1162 [Service Date: 07/06/2026 ] Length of Brief: 2,478 words. [26-1049, 26-1162] (Dunbar, Kelly)

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1208872811 July 27, 2026

RESPONDENT SUPPLEMENTAL BRIEF [2185129] filed by Peter B. Hegseth and United States Department of War in 26-1049, 26-1162 [Service Date: 07/24/2026 ] Length of Brief: 2483 words. [26-1049, 26-1162] (Janda, Sean)

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Case Details

State / Territory:

District of Columbia

Case Type(s):

Speech and Religious Freedom

National Security

Special Collection(s):

Trump Administration 2.0: Challenges to the Government

Key Dates

Filing Date: March 9, 2026

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Anthropic PBC, a privately held public benefit artificial intelligence corporation

Plaintiff Type(s):

Public (for-profit) corporation

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Federal

PETER B. HEGSETH

U.S. DEPARTMENT OF WAR

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.

Constitutional Clause(s):

Due Process: Procedural Due Process

Freedom of speech/association

Other Dockets:

U.S. Court of Appeals for the District of Columbia Circuit 26-01049

Available Documents:

Any published opinion

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: None Yet / None

Relief Sought:

Injunction

Relief Granted:

None yet

Source of Relief:

None yet

Issues

General/Misc.:

Website

Presidential/Gubernatorial Authority:

Access to information systems

Recommended Citation