The Trump administration appealed a federal judge's ruling blocking its action against Anthropic on Thursday, escalating a legal fight that has already shut the AI company out of Pentagon work and collapsed more than $180 million in federal subcontracts before a single appellate judge has ruled.
The Justice Department filed its notice of appeal in San Francisco federal court, challenging U.S. District Judge Rita Lin's preliminary injunction against the Defense Department's move to designate Anthropic a supply chain risk, AP News reported. The Ninth Circuit set an April 30 deadline for the DOJ to file its brief. According to Politico, three contractors either terminated their work with Anthropic or were instructed to do so by the government, with three deals on the verge of closing falling apart.
The appeal is real. But so is the trap the administration may have built for itself.
Lin ruled last week that the Pentagon's move to designate Anthropic a supply chain risk under Title 10 of the U.S. Code, Section 3252, the DoD-specific statute, appeared arbitrary and capricious. She blocked it and stayed her order for a week, buying the administration time to appeal. But the administration filed that appeal using a separate statute Lin explicitly did not rule on, creating a structural gap that legal specialists say is the actual battlefield.
When the Defense Department formally labeled Anthropic a supply chain risk, it did so under two statutes simultaneously. Title 10, Section 3252 covers the Department of Defense directly and was the basis for Lin's injunction. Title 41, Section 4713 covers the federal government as a whole and can only be adjudicated in the D.C. Circuit. Lin's ruling left the Title 41 question open. The DOJ's Ninth Circuit appeal challenges her ruling on the DoD statute, not the federal one.
The D.C. Circuit proceeding under Title 41 is moving faster, and legal specialists tracking the case say that forum is where the designation actually stands or falls. The Ninth Circuit appeal is largely procedural, buying the administration time while the harder legal question incubates in a different court.
According to Politico, two of the three judges on the D.C. Circuit panel are Trump appointees: Gregory Katsas and Neomi Rao. Both have taken expansive views of government national security powers in prior cases.
Anthropic built Claude Gov specifically for government use, including handling classified materials, and had signed a $200 million Pentagon contract by mid-2025, with Claude Gov made available through Palantir as part of the partnership. The company's enterprise sales make up roughly 80 percent of its revenue, and its annualized revenue run rate has reached about $19 billion, according to Reuters. That commercial strength is what made defying the administration survivable. What it could not survive was losing the government channel entirely.
The conflict began when the Defense Department demanded Anthropic adopt an "all lawful uses" policy for Claude Gov, a standard that would have allowed the Pentagon to use the model for any mission it deemed legal, including ones Anthropic's safety team might object to. Anthropic refused. On February 24, Defense Secretary Pete Hegseth gave Anthropic CEO Dario Amodei a deadline: relent by 5:01 p.m. on February 27. Amodei did not relent. On March 12, Emil Michael, the Pentagon's chief technology officer, ruled out further negotiations.
The statute at the center of the dispute, Title 41, was designed to exclude foreign companies deemed national security risks from federal contracts. Using it against an American AI company that had signed a $200 million contract with the Pentagon less than a year earlier is what made Lin's ruling possible.
"Supply chain risk designations typically target foreign adversaries that pose a national security risk," according to Axios. "This is the inverse: an American company, one that was building models for classified use, being cut off by its own government."
Emil Michael disputed Lin's ruling. He posted on X that her order contained dozens of factual errors and that the supply chain risk designation remained in full force and effect under Title 41. The DOJ's Ninth Circuit appeal is the next legal move. The D.C. Circuit proceeding under Title 41 is the one that may matter more.
If the D.C. Circuit upholds the designation, the precedent is set: the executive branch can designate any domestic AI company a supply chain risk using a statute designed for foreign adversaries, without meaningful judicial review. Every frontier AI lab in the country would have to price that risk into its government strategy. If the court rules the other way, the administration loses its most powerful leverage tool for compelling AI company compliance, and the contractors who walked away from $180 million in deals may get a second chance.
The Ninth Circuit appeal will take months. The D.C. Circuit case is moving faster, and it is the one Anthropic cannot appeal away.