Trump-Appointed Judges Refuse to Block Blacklisting of Anthropic AI, Oral Arguments Set for May 19
A federal appeals court panel of three Republican-appointed judges has denied Anthropic's emergency motion to halt the Trump administration's blacklisting of its AI technology. However, the court granted Anthropic's request to expedite the case, with oral arguments scheduled for May 19.
The Ruling
- Court: US Court of Appeals for the DC Circuit
- Panel: Three Republican-appointed judges, including two Trump appointees (Gregory Katsas and Neomi Rao)
- Decision: Denied emergency stay but expedited the case
- Oral arguments: May 19, 2026
Background
Anthropic was blacklisted after exercising its First Amendment rights by refusing to let Claude AI models be used for autonomous warfare and mass surveillance of Americans. The Trump administration:
- Directed all federal agencies to stop using Anthropic technology
- Defense Secretary Pete Hegseth labeled Anthropic a "Supply-Chain Risk to National Security"
- Prohibited military contractors from doing business with Anthropic
The Court's Reasoning
The DC Circuit acknowledged "that Anthropic will likely suffer some degree of irreparable harm absent a stay," described as "primarily financial in nature." However, the court said Anthropic "does not show that its speech has been chilled during the pendency of this litigation."
Anthropic's Parallel Victory
Anthropic has better news in a separate case: A federal judge in California (Biden appointee Rita Lin) already granted a preliminary injunction, describing the blacklisting as retaliation that violates the First Amendment. The Trump administration is appealing that ruling to the 9th Circuit.
The Bigger Picture
This case raises novel legal questions about AI companies' constitutional rights, the limits of executive power over technology companies, and the intersection of national security and free speech. The split between the DC Circuit and California district courts suggests this may ultimately reach the Supreme Court.