Courts & Litigation Cybersecurity & Tech Executive Branch

Anthropic Challenges the Pentagon’s Supply Chain Risk Determination

Anna Hickey
Monday, March 9, 2026, 2:45 PM
Pursuant to FASCA, the AI company requested that the D.C. Circuit review the Defense Department’s determination.
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On March 9, Anthropic filed a petition in the Court of Appeals for the D.C. Circuit requesting review of the Department of Defense’s determination that the artificial intelligence (AI) company presents a supply chain risk. The determination was made under the Federal Acquisition Supply Chain Security Act (FASCA) of 2018, which allows a party that was notified of an exclusion to file a petition for judicial review in the D.C. Circuit within 60 days of the notice. 

The Department of Defense notified Anthropic on March 4 that it was applying FASCA’s “supply chain risk” determination to Anthropic’s products or services, effective immediately. The petition alleges that this determination is in violation of the First and Fifth Amendments and the Administration Procedures Act, and that it exceeds statutory authority.

Also on March 9, Anthropic filed a civil complaint in the Northern District of California against the Pentagon over its supply chain risk determination.

Read the petition here or below.

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Courts & Litigation Cybersecurity & Tech Executive Branch
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Anna Hickey

Anna Hickey

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Anna Hickey is the associate editor for communications of Lawfare. She holds a B.A. in interdisciplinary studies: communications, legal studies, economics, and government with a minor in international studies from American University.
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