So it's extremely important that they get an injunction that allows the cloud compute companies to continue to work them. I think they probably will, but it's really crazy that the government is actively trying to kill them off over this.
Is neither unusual nor extraordinary. The 2022 TikTok ban on government devices—enacted under the Biden administration—carried the same viral-as-in-GPL terms.
This would hand the federal govt to OpenAI and Google but would certainly be head-turning. Hard to say if it would pay off positively for them though.
The supply chain risk statute grants broad, largely unreviewable national security discretion and doesn't require the threat to originate from a foreign adversary.
Finally, the First Amendment claim faces the problem that the government was responding not to abstract speech but to a concrete refusal to provide services on the military's terms, which courts are unlikely to treat as protected expression warranting judicial override of procurement choices.
It goes much further than the "refusal to provide services" speech. By blacklisting them, they are blocked from doing any future business, which is prior restraint. Courts aren't very friendly to that.
> The government has near-absolute discretion over whom it contracts with,
Not at all the case, procurement is dictated by a maze of Congressional acts and the FAR.
> and no company has a constitutional right to be a federal vendor.
Not constitutional but federal law actually dictates they do. Many companies actually have _more_ of a right to contracts than primes.
> Courts treat military technology decisions as core Commander-in-Chief functions subject to minimal judicial review,
Not at all the case there have been many disputes and it’s not uncommon to see a protest filed against procurement decisions in even innocuous cases. Many companies (eg Palantir) have sued the government on procurement and won.
> and the political question doctrine may bar second-guessing what the Secretary deems a security risk.
Sure, lowercase security risk, but uppercase Supply Chain Risk designation is an actual action subject to administrative procedure. There are many laws (eg Administrative Procedure Act) that allow judges to overturn this. The current basis of their suit is largely ideological but if they instead argued the designation was arbitrary the APA could very possibly be used to overturn it.
Key differentiator though is Palantir’s suit was based primarily on Congressional acts and explicit clauses of the FAR. This absolutely does not seem to be the case for Anthropic, who could easily do the same, but chooses another ideological battle. I can’t imagine their legal counsel would recommend this route (actually asking Claude it doesn’t either!) which would imply this is Anthropic leadership’s move.
I’d gamble they’ve already given up on actual business with the government/military and that this is more of a PR move to further distance themselves and maintain a high road image.
adrianN•2h ago
mananaysiempre•1h ago
UncleEntity•1h ago
Now the main constraint on executive power seems to be due process and habeas corpus.
icegreentea2•57m ago
So it's not just that there's be a transfer of power to the executive (there is), there's also straight up executive overreach.