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Policy

Appeals court lets Trump administration keep Anthropic on blacklist

The decision leaves Anthropic’s technology subject to the restriction without requiring officials to prove the company acted maliciously.

Updated 28 September 2026

A federal appeals panel has allowed the Trump administration to maintain its blacklist of Anthropic after the company withheld certain AI capabilities. The 2-1 ruling says the government did not need to establish that Anthropic acted with malicious intent. The court said officials must weigh the dangers of restricting AI used in military operations against those of allowing less-constrained systems. It found that the defense secretary acted within his authority under the Supply Chain Security Act and the Constitution. The same court had rejected Anthropic’s request for an emergency pause in April.

Why it matters

For Anthropic, the ruling means its technology remains blacklisted rather than temporarily exempted. For officials, it puts the focus on weighing the risks of restricting AI against the risks of allowing less-constrained systems, not on proving the company intended harm.

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