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Page B1From§Eachthe sunrise edition — 26 September 2026

Appeals court legalizes Pentagon blacklist that Pentagon vowed to keep regardless of the ruling against it

“Appeals court sides with Trump admin in Anthropic blacklisting”, 25 September 2026 (Photo via The Hill — the original report)

As it ran on the front

On August 28, a federal district judge ruled that the War Department's "supply chain risk" label on Anthropic was illegal. The company had sued in March to get it removed. The judge agreed with the company. That is, on paper, how the system is supposed to work: a citizen objects, a court hears it, an illegal act stops.

It did not stop. On September 3, six days after the ruling, Undersecretary of War Emil Michael told the record that Anthropic "is still a designated Supply Chain Risk at [the Department of War] and for the Defense Industrial Base." The post ended with the president's own signature line. The label a judge had just called unlawful stayed exactly where it was, on the same books, doing the same work, with the same name attached to it.…

…(cont) Twenty-eight days after that ruling — four weeks, not three, because the math is the only part of this story that isn't up for interpretation — the U.S. Court of Appeals for the D.C. Circuit sided with the Pentagon. The label the district court had struck down was restored. The government did not have to reverse course, apologize, or quietly let the designation lapse while everyone stopped watching. It had already told the country, in an official statement with a signature block, that the ruling wouldn't change anything. Four weeks later, a higher court confirmed it.

This is not a story about artificial intelligence. Anthropic can afford the lawyers, the filings, the public statements, the news hits. The label is the story: a designation a district judge found illegal, kept on the books by a Pentagon that said so out loud, upheld weeks later by the court one rung up. Every step of the process worked exactly as designed, and the label never moved.

The reader at the end of the bar knows what a supply chain risk label costs a company, and what it costs the workers who don't have Anthropic's legal budget when the same designation lands on a smaller supplier. That reader also knows what it means when a government tells you, in writing, that a court's ruling is background noise, and then gets a second court to say the noise was right all along. The bill doesn't come due for the ones who can afford to wait it out. It comes due for whoever's holding the paper when the appeal runs out.

“They said it was illegal, kept it anyway, in writing, and then got a court to bless the keeping — that's not a legal system checking power, that's a legal system catching up to it four weeks late. The label never moved once through all of it. Whoever's next won't have Anthropic's lawyers.”
Sal
“Look, the district court ruling was never final, that's what appeals are for — the process worked. Did the Pentagon say it didn't care what the judge ruled? I mean, technically, yes, that's on the record. But — that's just confidence in your legal position, that's not the same as ignoring a court order. Is it? Let me get back to you.”
Chip

Earlier in this story

The receipts

The Pentagon has failed its audit eight years running - the only major federal agency never to pass one Military Times, 19 December 2025

Appeals court sides with Trump admin in Anthropic blacklisting
The Hillmainstream§

{beacon} Technology Technology The Big Story Appeals court sides with Pentagon on Anthropic blacklisting The U.S. Court of Appeals for the D.C. Circuit sided with the Trump administration in its blacklisting of the artificial intelligence firm Anthropic, allowing the Pentagon to label the AI firm a supply chain risk.

· Federal judge rules that War Department’s designation of Anthropic as a national security risk was illegal from the morgue, 28 Aug 2026

· Pentagon confirms Anthropic remains a ‘supply chain risk’ despite court ruling from the morgue, 3 Sep 2026

This page is a back-issue: the story as it ran, receipts as they were. The current edition is at the front. The byline is a pen name for a column drafted by a machine and checked by the editor: how this is made.