Judge blocks US military from demoting Mark Kelly over 'illegal orders' video

February 12, 2026

A federal judge has issued a temporary injunction preventing Defense Secretary Pete Hegseth from demoting Senator Mark Kelly from his retired Navy captain rank, ruling that the action constitutes unconstitutional retaliation against Kelly's First Amendment rights. The case stems from a video Kelly and five other Democratic lawmakers released advising service members they could refuse illegal orders from the Trump administration. Judge Richard Leon strongly criticized the government's position, asserting that retired military members retain full free speech protections unlike active-duty personnel.

Who is affected

Senator Mark Kelly (retired Navy captain and former astronaut)
Five other Democratic lawmakers: Senator Elissa Slotkin and Representatives Chris Deluzio, Maggie Goodlander, Chrissy Houlahan, and Jason Crow
Secretary of Defense Pete Hegseth
Millions of military retirees whose constitutional rights are implicated by this case
Service members who were addressed in the video

What action is being taken

Judge Richard Leon has issued a temporary injunction blocking Kelly's demotion
Hegseth is appealing the judge's order
Kelly's lawsuit against the government is proceeding through civilian court
Kelly continues fighting the Trump administration's actions against him

Why it matters

This case establishes important precedent regarding the First Amendment rights of retired military personnel, clarifying that they retain full free speech protections unlike active-duty service members. The ruling addresses fundamental questions about whether government officials can punish former military members for political speech and criticism of the administration. The case has significant implications for millions of military retirees who participate in public discourse on military and national security matters, protecting their ability to speak freely without fear of losing retirement benefits.

What's next

Hegseth will immediately appeal the temporary injunction to a higher court
Kelly's lawsuit against the government will continue to proceed through the legal system
Kelly has stated he is prepared to continue fighting the Trump administration's actions

Read full article from source: BBC