Former judges side with Anthropic and raise concerns about Pentagon’s use of supply chain risk label

A coalition of nearly 150 retired federal and state judges has stepped forward to support AI firm Anthropic in its legal dispute with the Trump administration, which recently classified the company as a "supply chain risk." This amicus brief was filed on Tuesday and highlights concerns over the implications of government labeling on private enterprises. The judges, who have served under both Republican and Democratic administrations, join a diverse group of supporters for Anthropic, including industry bodies, former high-ranking national security officials, Microsoft, and personnel from rival AI firms. The legal brief raises alarm about the potential precedent set by the government's actions, suggesting that such designations could unduly influence the operations of private companies. The implications for Anthropic are severe; this designation could jeopardize its relationships with numerous private-sector firms that collaborate with the military. The judges noted, "More fundamentally, as a practical matter, no one is trying to force the Department to contract with Anthropic. Instead, Anthropic is asking only that it not be punished on its way out the door." Earlier this month, the Pentagon attributed the "supply chain risk" label to Anthropic after negotiations regarding the deployment of its AI models in classified military systems stalled. The Defense Department expressed interest in utilizing Anthropic's AI, known as Claude, for lawful purposes. However, Anthropic has firmly opposed any applications involving autonomous weapons or mass surveillance of U.S. citizens. The designation of "supply chain risk" is typically reserved for companies linked to foreign adversaries and is unprecedented in its application to a domestic firm. This label requires companies with military contracts to isolate any use of Anthropic’s technology from their defense-related work. Furthermore, President Trump has mandated all federal agencies to cease using Claude. Anthropic’s CEO, Dario Amodei, stated that the company felt compelled to contest this designation in court. In response to the lawsuit, a White House spokesperson asserted that the president would not allow a "radical left, woke company" to dictate military operations. Meanwhile, Anthropic's CFO highlighted in legal documents that the government’s actions could result in losses amounting to "hundreds of millions" in revenue by 2026. A hearing regarding Anthropic's request for a preliminary injunction against the government is scheduled for next Tuesday. The filing from the group of former judges follows increasing concerns from ethics experts and advocacy organizations about the long-lasting effects of the Trump administration's measures against Anthropic. Irina Raicu, director of the internet ethics program at Santa Clara University’s Markkula Center for Applied Ethics, posed a critical question to CNN: "What happens if you don’t want to do something that they’re asking you to do? Is there a way for businesses to maintain their ethical standards while contracting with the government?"