That would be illegal and ripe for corruption. It would also require the DoD to renegotiate the thousands of existing defense contract it has outstanding.
That’s the entire reason this law exists, because what you’re suggesting is impractical. The department has to confidentially document its rationale for marking a company as a supply chain risk. It’s in the confidential record of this very court case. That’s the legal way to do this.
Yes, it turns out our laws make it hard for the government to do a lot of things because making it easy for them to do things leads to some deeply authoritarian bullshit.
Again, did you read the order? The judge's order explicitly said this would be legal and cites the law permitting it, then goes on to explain why this action did not satisfy it:
> Covered procurement actions include “[t]he decision to withhold consent for a contractor to subcontract with a particular source or to direct a contractor . . . to exclude a particular source from consideration for a subcontract.” 10 U.S.C. § 3252(d)(2)(C).
I strongly suggest reading the order. I have included the link again: https://storage.courtlistener.com/recap/gov.uscourts.cand.46...