The Lawfare Podcast Lawfare Live: A Hearing on Anthropic's Preliminary Injunction Motion
9 snips
Mar 24, 2026 
Roger Parloff, veteran legal journalist analyzing litigation strategy. Molly Roberts, national security and civil liberties commentator summarizing the hearing’s flow. Kate Klonick, legal scholar on tech and free speech weighing statutory and First Amendment angles. They debate the court’s surprising focus on retaliation and due process, Judge Lynn’s tentative skepticism, the supply-chain designation’s reach, and the chances of a quick ruling.
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Judge Focused On Retaliation Over Statutory Formalism
- Judge Lynn signaled strong concern about retaliation and First Amendment issues rather than only statutory interpretation.
- She opened with tentative thoughts focusing on whether the Department's actions were retaliatory and whether they exceeded statutory authority.
Government Disclaimed Legal Force Of The Tweet
- DOJ conceded that Pete Hegseth's tweet had no legal effect and that the later letter was the operative supply chain risk determination.
- That concession narrowed the court’s focus to the validity of the supply chain risk designation itself.
Statutory Consultation Requirement Was Not Followed
- The statute requires consultation with congressional committees about less intrusive measures, which DOJ admitted it did not do.
- DOJ argued that omission didn't matter for a preliminary injunction, creating a statutory compliance dispute central to the case.