A federal judge has temporarily blocked the Pentagon and Defense Secretary Pete Hegseth from punishing Senator Mark Kelly, D-Arizona, after an effort to demote him and cut his military retirement benefits sparked a high-stakes constitutional clash.
Judge Richard Leon of the U.S. District Court in Washington issued a preliminary injunction Thursday that bars the Pentagon from implementing any punitive steps against Kelly while his lawsuit is still pending. Leon said the attempt to punish the former Navy captain for his participation in a video urging U.S. troops to refuse unlawful orders infringes on his First Amendment free speech rights and threatens broader constitutional protections for millions of retired service members.
Kelly, who represents Arizona in the U.S. Senate and is also a decorated former astronaut, was one of six Democratic lawmakers who appeared in a November video reminding military personnel that they are not obligated to follow unlawful directives. The Trump administration, including former President Donald Trump, publicly denounced the video as “seditious,” and Hegseth later issued a censure letter that set in motion a process that could have reduced Kelly’s retired rank and pension.
In his ruling, Judge Leon wrote that punishing Kelly for his remarks would violate free speech rights, especially given that the limitations on active-duty military speech do not apply to retired service members who have entered civilian life. The judge said the government’s arguments were weak and that Kelly had shown likely success on the merits of his constitutional claim.
Kelly welcomed the decision, calling it a victory not only for himself but for the rights of all veterans who speak out on public policy. The Trump administration said it will appeal the ruling, indicating the legal battle is far from over.
The ruling came from U.S. District Judge Richard Leon, who said the Pentagon’s move likely violated the First Amendment. The case centers on whether the government can discipline a retired service member who is now an elected official for political speech made in civilian life.
Senator Mark Kelly, a former Navy captain and astronaut, appeared in a video telling troops they are not required to obey unlawful orders. Defense Secretary Pete Hegseth responded with a formal censure and steps that could have reduced Kelly’s retired rank and pension.
Kelly sued, arguing that once service members retire, they regain full constitutional speech protections. Judge Leon agreed that active-duty speech restrictions do not automatically extend to retirees, especially when speech concerns public policy.
The Trump administration led by Donald Trump has signaled it will appeal. If higher courts reverse the injunction, it could expand executive authority over retired military personnel. If the ruling stands, it reinforces limits on how far the government can go in disciplining former service members who enter politics.
The case marks another moment in which the judiciary has checked punitive actions by the Trump administration against political opponents, drawing attention to the tension between executive authority and constitutional rights in the current political era.