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

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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…

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.

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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, Sarah Elaine (District of Columbia)

Berengaut, Alexander A. (District of Columbia)

Brill, Sophia M. (District of Columbia)

Callahan, Samuel (District of Columbia)

Counsel, Harold Hongju (District of Columbia)

Other

Attorney, Sarah Elaine (District of Columbia)

Berengaut, Alexander A. (District of Columbia)

Brill, Sophia M. (District of Columbia)

Callahan, Samuel (District of Columbia)

Counsel, Harold Hongju (District of Columbia)

Crowley, Megan (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)

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)

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)

Scarpelli, Brian (District of Columbia)

Shah, Sopen B. (District of Columbia)

Solicitor, Benjamin C. (District of Columbia)

Springer, Brian James (District of Columbia)

Swingle, Sharon (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)

Zionts, David Meir (District of Columbia)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
1208828684 26-01049	Petition for Review Anthropic PBC v. U.S. Department of War	March 9, 2026	March 9, 2026 Pleading / Motion / Brief

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Docket

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

Last updated April 20, 2026, 3:11 a.m.

ECF Number	Description	Date	Link Date / Link
1208828684	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]	March 9, 2026	March 9, 2026 Clearinghouse
1208828687	CERTIFIED COPY [2162688] of Petition for Review sent to respondent [2162687-2]. [26-1049] [Entered: 03/09/2026 12:28 PM]	March 9, 2026	March 9, 2026 RECAP
1208828702	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]	March 9, 2026	March 9, 2026 RECAP
	PETITION FOR REVIEW CASE docketed. [26-1049] [Entered: 03/09/2026 12:26 PM]	March 9, 2026	March 9, 2026
1208829345	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]	March 10, 2026	March 10, 2026
1208829653	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 View on RECAP 2 Addendum View on RECAP 3 Checklist for Emergency Motions View on RECAP	March 11, 2026	March 11, 2026
1208829661	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 View on RECAP 2 Proposed Amicus Brief View on RECAP	March 12, 2026	March 12, 2026
1208829735	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]	March 12, 2026	March 12, 2026 RECAP
1208829854	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]	March 12, 2026	March 12, 2026
1208829888	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]	March 12, 2026	March 12, 2026 RECAP
1208830023	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]	March 12, 2026	March 12, 2026
1208830045	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]	March 12, 2026	March 12, 2026 RECAP
1208830127	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]	March 13, 2026	March 13, 2026 RECAP
1208830145	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]	March 13, 2026	March 13, 2026 RECAP
1208830425	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)	March 13, 2026	March 13, 2026
1208830434	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)	March 13, 2026	March 13, 2026 RECAP
1208830529	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 View on RECAP 2 Notice of Intent to Support Petitioner View on PACER 3 Entry of Appearance - George Harris View on PACER	March 13, 2026	March 13, 2026
1208830718	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]	March 13, 2026	March 13, 2026
1208831045	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 View on PACER 2 Proposed Amici Brief View on RECAP	March 16, 2026	March 16, 2026
1208831066	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 View on PACER 2 Proposed Amicus Brief View on RECAP 3 Entry of Appearance View on PACER	March 16, 2026	March 16, 2026
1208831071	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]	March 16, 2026	March 16, 2026 RECAP
1208831083	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 View on RECAP 2 Amended Corporate Disclosure Statement of Amici FEBA et al View on PACER	March 16, 2026	March 16, 2026
1208831087	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]	March 16, 2026	March 16, 2026 RECAP
1208831090	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]	March 16, 2026	March 16, 2026 RECAP
1208831117	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]	March 16, 2026	March 16, 2026
1208831120	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]	March 16, 2026	March 16, 2026 RECAP
1208831430	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]	March 16, 2026	March 16, 2026
1208831436	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]	March 16, 2026	March 16, 2026 RECAP
1208831446	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]	March 17, 2026	March 17, 2026 RECAP
1208831460	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 View on RECAP 2 ACT Amicus Curiae View on RECAP	March 17, 2026	March 17, 2026
1208831539	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]	March 17, 2026	March 17, 2026 RECAP
1208831564	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 View on RECAP 2 Proposed Amicus Brief of 149 Former Judges and Democracy Defenders Fund View on RECAP	March 17, 2026	March 17, 2026
1208831569	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)	March 17, 2026	March 17, 2026 RECAP
1208831708	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]	March 17, 2026	March 17, 2026 RECAP
1208832389	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)	March 19, 2026	March 19, 2026 RECAP
1208833581	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)	March 23, 2026	March 23, 2026 RECAP
1208834843	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 View on RECAP 2 Exhibit A View on RECAP 3 Exhibit B View on RECAP	March 26, 2026	March 26, 2026
1208839342	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]	April 6, 2026	April 6, 2026
1208838607	DOCKETING STATEMENT [2167654] filed by Anthropic PBC [Service Date: 04/08/2026 ] [26-1049] (Dunbar, Kelly) [Entered: 04/08/2026 03:32 PM]	April 8, 2026	April 8, 2026 RECAP
1208838610	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]	April 8, 2026	April 8, 2026
1208838613	STATEMENT OF ISSUES [2167656] filed by Anthropic PBC [Service Date: 04/08/2026 ] [26-1049] (Dunbar, Kelly) [Entered: 04/08/2026 03:38 PM]	April 8, 2026	April 8, 2026 RECAP
1208838616	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 View on RECAP 2 Exhibit 1 View on RECAP 3 Exhibit 2 View on RECAP 4 Exhibit 3 View on RECAP	April 8, 2026	April 8, 2026
1208838622	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]	April 8, 2026	April 8, 2026 RECAP
1208838678	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]	April 8, 2026	April 8, 2026 RECAP
	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	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]	April 8, 2026	April 8, 2026

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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

Case Summary of Anthropic PBC v. United States Department of War, Civil Rights Litig. Clearinghouse, https://clearinghouse.net/case/47887/ (last updated 4/16/2026).