The test. The finding is undermined from the courts’ side if, by 31 December 2027, the D.C. Circuit sustains the procurement exclusion under 41 U.S.C. §4713 on the existing record. The limb is filed under the day it fired.
fired Fired at the panel stage. On 25 September 2026 the D.C. Circuit sustained the exclusion on the existing record, two judges to one, with its mandate, the order that puts a decision into effect, withheld until any petition for rehearing is decided. The finding is undermined from the courts’ side for as long as the panel’s decision stands. Anthropic petitioned for rehearing on 13 October 2026, and the government’s response is due 13 November.
From The AI Compute Race. Read the book
- Falls due
- Read on
- The D.C. Circuit’s decision
- Chapter
- Chapter 8 — The Arsenal Behind Every Arsenal
The state as customer: how the Pentagon buys frontier AI, the contract clauses a laboratory fought over, and what the courts said about a company that would not sign.
What it names
- Party Anthropic
Filings that bear on it
- Anthropic, PBC, Form S-1 registration statement, filed 26 October 2026
Anthropic’s registration statement reports revenue of $4.6 billion for 2025 and $16.3 billion for the first half of 2026, up to $120.5 billion of compute from a SpaceX subsidiary into 2029, and the D.C. Circuit’s 2-1 ruling against it.
- United States Court of Appeals for the District of Columbia Circuit, Anthropic PBC v. U.S. Department of War, No. 26-1049, consolidated with No. 26-1162, judgment and opinion of 25 September 2026
The D.C. Circuit, two judges to one, denied Anthropic’s petitions for review on 25 September 2026, holding that the Department of War had ample support for excluding Claude from its supply chain under section 4713.
- United States Court of Appeals for the District of Columbia Circuit, Anthropic PBC v. U.S. Department of War, No. 26-1049, order and per curiam statement of 8 April 2026
The D.C. Circuit on 8 April 2026 denied Anthropic a stay of the Secretary of War’s section 4713 determination barring it from supplying the Department, without reaching the merits, and expedited the case.
- United States Court of Appeals for the District of Columbia Circuit, Anthropic PBC v. U.S. Department of War, No. 26-1049, consolidated with No. 26-1162, clerk’s order of 25 September 2026
The D.C. Circuit ordered on its own motion on 25 September 2026 that the mandate, the order putting its decision into effect, be withheld until seven days after any timely petition for rehearing is decided.
- Anthropic PBC v. U.S. Department of War, No. 26-1049
The D.C. Circuit docket of Anthropic’s petition against the Department of War records amicus briefs for Anthropic in March 2026 from former service secretaries and military officers, former national security officials, civil liberties groups and technology trade associations.
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How to cite this page
Dryburgh, Lee S. “Chapter 8, the mission layer.” In The AI Compute Race. DRYBURGH. https://dryburgh.com/vol1/tests/2026-2 (accessed 2026-11-01).
BibTeX
@misc{dryburgh-chapter-8-the-mission-layer-2026,
author = {Dryburgh, Lee S.},
title = {{Chapter 8, the mission layer}},
howpublished = {In \emph{The AI Compute Race}, DRYBURGH},
year = {2026},
url = {https://dryburgh.com/vol1/tests/2026-2},
note = {Accessed 2026-11-01}
}