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Anthropic v. DoW

Timeline

A chronological view of the dispute — from the Usage Policy origins of the contracting impasse through the May 2026 supplemental briefing order in the D.C. Circuit.

  1. January 2023

    • January 1, 2023
      Background

      Anthropic's Usage Policy bars two specific use cases

      Since 2023, Anthropic's Usage Policy for Claude has prohibited (a) mass surveillance of Americans and (b) lethal autonomous warfare, regardless of customer.

  2. March 2025

    • March 1, 2025
      Background

      "Claude Gov" deployed inside DoD

      Claude Gov enters DoD use under the Usage Policy restrictions, eventually holding Top Secret FCL, FedRAMP High / DoD IL 4-5.

  3. July 2025

    • July 1, 2025
      Background

      $200M CDAO contract

      Anthropic signs a $200M Chief Digital and AI Office contract with the Department of Defense.

  4. August 2025

    • August 1, 2025
      Background

      GSA government-wide deal

      Anthropic secures a GSA government-wide acquisition vehicle.

  5. September 2025

    • September 5, 2025
      Background

      DoD renamed Department of War

      Executive Order 14347 renames the Department of Defense to the Department of War.

      90 Fed. Reg. 43893

  6. January 2026

    • January 15, 2026
      Dispute

      Amodei essay on the contracting impasse

      Anthropic CEO Dario Amodei publishes a January 2026 essay discussing the impasse with DoW over Usage Policy carve-outs.

  7. February 2026

    • February 24, 2026
      Dispute

      Hegseth gives 5pm Feb. 27 deadline

      At a meeting with Amodei and Sarah Heck, Secretary Hegseth threatens both a supply-chain risk designation and Defense Production Act invocation if Anthropic does not accept "any lawful use" language.

    • February 26, 2026
      Dispute

      Anthropic public statement

      Anthropic issues a public statement explaining its position on the contracting impasse.

    • February 27, 2026
      Government action

      Presidential Directive (Trump, Truth Social)

      At 3:47 p.m. ET, President Trump posts on Truth Social directing every federal agency to "IMMEDIATELY CEASE all use of Anthropic's technology." Cites no statutory authority.

      Source ↗

    • February 27, 2026
      Government action

      Hegseth Directive (X post)

      About an hour later, Secretary Hegseth posts on X (a) designating Anthropic a "Supply-Chain Risk to National Security" and (b) declaring that "no contractor, supplier, or partner that does business with the United States military may conduct any commercial activity with Anthropic."

    • February 28, 2026
      Background

      OpenAI announces parallel DoW deal

      OpenAI announces a Pentagon deployment contract with substantively similar restrictions (no mass surveillance, no autonomous weapons, no high-stakes automated decisions) — raising disparate-treatment questions.

  8. March 2026

    • March 3, 2026
      Government action

      Formal § 3252 Supply Chain Designation

      Secretary Hegseth issues a formal determination designating Anthropic a supply-chain risk under 10 U.S.C. § 3252; a separate March 3 letter invokes FASCSA (41 U.S.C. § 4713).

    • March 9, 2026
      Litigation

      Anthropic files in N.D. Cal. and D.C. Cir.

      Plenary APA + constitutional action filed in the Northern District of California (Judge Rita F. Lin); separate petition for review filed in the D.C. Circuit challenging the FASCSA letter.

    • March 9, 2026
      Litigation

      Anthropic moves for TRO, PI, and § 705 stay (N.D. Cal.)

      Combined emergency motion filed the same day as the complaint.

    • March 11, 2026
      Litigation

      Anthropic moves for emergency stay (D.C. Cir.)

      5,188-word emergency motion to stay the FASCSA designation pending review.

    • March 24, 2026
      Litigation

      Oral argument on PI (N.D. Cal.)

      Government counsel concedes that no statute authorizes Hegseth's contractor blacklist language and that it has "absolutely no legal effect at all."

    • March 26, 2026
      Ruling

      Preliminary injunction GRANTED (N.D. Cal.)

      Judge Lin grants Anthropic's motion in a 43-page opinion (Dkt. 134/135) and stays the Hegseth Directive and Supply Chain Designation under 5 U.S.C. § 705. Bond set at $100.

      Source ↗

  9. April 2026

    • April 2, 2026
      Litigation

      Government files notice of appeal (9th Cir.)

      9th Cir. assigns case number 26-2011.

    • April 20, 2026
      Ruling

      D.C. Cir. denies emergency stay

      Per curiam denial (Wilkins, Katsas, Rao). Commentary reads the denial as procedurally driven, not a merits signal.

    • April 23, 2026
      Litigation

      Cross-MSJ schedule set (N.D. Cal.)

      Joint stipulation entered (Dkt. 150). Government Answer due 6/8; Anthropic MSJ due 6/10; cross-briefing through 7/15; hearing 7/30/2026.

    • April 27, 2026
      Ruling

      9th Cir. stays government's appeal

      Stay granted unopposed pending resolution of the D.C. Cir. petition; government must move for relief within 21 days of D.C. Cir. decision.

  10. May 2026

    • May 19, 2026
      Litigation

      D.C. Cir. oral argument

      Argument held before Henderson, Katsas, and Rao on three pre-ordered issues (§ 1327 jurisdiction; "covered procurement action"; whether Anthropic can affect Claude's functioning after delivery).

    • May 21, 2026
      Litigation

      D.C. Cir. orders supplemental briefs

      Panel orders supplemental briefs (originally due 5/28, extended to 6/4) — suggests the panel is wrestling with at least one of the briefed issues.