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nickysielickitoday at 4:02 AM1 replyview on HN

The court hasn’t found anything. A preliminary injunction is a finding of likelihood of success on the merits, not a ruling on the merits. The designation is still in place and will remain in place until the appellate courts weigh in.

On the substance: nothing in 3252 limits ‘adversary’ to foreign actors. Congress used ‘foreign adversary’ in other statutes when it meant foreign adversary. It didn’t here. That’s a problem for you. The government’s brief cites three dictionaries defining adversary as ‘an opponent in a contest, conflict, or dispute.’ A vendor that questions active military operations through intermediaries and demands an approval role in the operational decision chain is an opponent in a dispute. That’s the plain text. Originalist judges will see it that way.

I don’t really follow what you’re saying in point 1, the supply chain risk rationale is in the confidential record of this court case. There’s no way for us to know what’s in there, but it’s safe to assume the government covered their bases.

On point 2, I also don’t understand what you’re saying. They are in court right now. How have they been denied due process?

Point 3 is less interesting to me. Twitter posts by Hegseth obviously don’t really hold water. Anthropic should win here. But that’s not really what this case is about or why it’s interesting.

Your point 4 assumes the government acted outside the law. I’m not convinced of that. That’s the very question being litigated. The government’s position is that it acted within 3252. One San Francisco district judge disagreed at the preliminary injunction stage. That’s not a final answer. Not even close.


Replies

etchalontoday at 5:29 AM

... you're arguing they weren't denied due process because they could always sue to demand due process?

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