Bill of Attainder (Koh et al.)

U.S. Const. art. I, §§ 9 cl. 3 and 10 cl. 1.

Modern attainder test (Selective Service System v. Minnesota PIRG, 468 U.S. 841 (1984); Nixon v. Administrator, 433 U.S. 425 (1977)) requires (1) specificity — singles out an identifiable person; and (2) punishment without judicial process.

Not pleaded by Anthropic, but raised by Koh, Swartz, Gupta, and Worthington on Just Security (Mar. 6, 2026). Available as a potential amendment.

Whether Anthropic adds a Bill of Attainder count on amendment, and how the modern attainder doctrine — rarely applied to corporate entities — would map to the facts.