Anthropic at Exact 60.0 Boundary: Band-Crossing Proposed Upward, Pending DC Circuit Ruling
Anthropic's composite score sits at exactly 60.0 — the precise Functional/Established boundary. During May 19 oral arguments, DC Circuit Judge Henderson described the Pentagon's supply-chain risk designation of Anthropic as 'a spectacular overreach.' Judge Katsas (Trump appointee) called Anthropic 'a good corporate citizen.' The panel appeared divided but two of three judges expressed skepticism of the DOJ's position.
The court expedited the case; a ruling is possible within weeks. Anthropic has paid a real commercial price for its position: it was explicitly excluded from 8 Pentagon classified AI contracts that OpenAI, Google, Microsoft, Nvidia, Amazon, SpaceX, Oracle, and Reflection all accepted.