WASHINGTON, D.C.—Nearly 150 former federal and state judges filed an amicus brief yesterday in the U.S. Court of Appeals for the D.C. Circuit supporting Anthropic’s legal challenge to the Department of Defense’s decision to designate the company as a “supply chain risk”.

The bipartisan group of judges argues DoD’s action against Anthropic is substantively and procedurally unlawful, and courts have the authority and duty to intervene when the administration invokes national security concerns.

“The Constitution vests the federal judiciary with the duty of ensuring that the Executive Branch does not exceed the powers delegated to it by Congress. That duty does not go away when the executive purports to act under statutes that protect our nation's security,” the brief states.

The case stems from the DoD’s decision to designate Anthropic, an AI company, as a “supply chain risk,” following a contractual dispute over how the DoD uses the company’s technology. The designation effectively bars Anthropic from government contracts and prohibits the company from conducting commercial transactions with other businesses that contract with the department.

The brief contends that DoD misinterpreted the statute and failed to follow mandatory procedures. The statute narrowly limits  "supply chain risk” to malicious conduct such as sabotage, unauthorized data extraction, or the introduction of unwanted functions by hostile actors. The statute further requires agencies to provide adequate notice before taking action. Because DoD failed to follow those statutory requirements, the court has clear authority to set aside the agency’s action—without wading into or second-guessing any national security judgments by the Executive Branch.

Anthropic’s filing asks the court to prevent the government from imposing “a retaliatory domestic sanction” that punishes the company in its dealings with other government agencies and private businesses.

The case is Anthropic PBC v. U.S. Department of Defense, et al.

Read the brief and the full list of signers HERE.

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