As expected, Anthropic cites the recent precedent of NRA v. Vullo (for #1). #5 is also a strong case because while the executive branch has pretty broad discretion on a number of policy decisions, the law requires a lot of due process and deliberation, and Anthropic argues that even if the designation is within the powers granted under the APA, the process was also “arbitrary and capricious” (see pages 7⁄8 in the complaint).
In my non-expert opinion, the first amendment retaliation case here is pretty strong, especially considering existing precedent.
As expected, Anthropic cites the recent precedent of NRA v. Vullo (for #1). #5 is also a strong case because while the executive branch has pretty broad discretion on a number of policy decisions, the law requires a lot of due process and deliberation, and Anthropic argues that even if the designation is within the powers granted under the APA, the process was also “arbitrary and capricious” (see pages 7⁄8 in the complaint).
In my non-expert opinion, the first amendment retaliation case here is pretty strong, especially considering existing precedent.