UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA
MARK KELLY,
Plaintiff,
Civil Case No. 26-81 (RJL)
V.
PETE HEGSETH, et al.,
Defendants.
MEMORANDUM OPINION
February 12, 2026 [Dkt. #2]
United States Senator Mark Kelly, a retired naval officer, has been censured by
Secretary of Defense Pete Hegseth for voicing certain opinions on military actions and
policy. In addition, he has been subjected to proceedings to possibly reduce his retirement
rank and pay and threatened with criminal prosecution if he continues to speak out on these
issues.
Secretary Hegseth relies on the well-established doctrine that military
servicemembers enjoy less vigorous First Amendment protections given the fundamental
obligation for obedience and discipline in the armed forces. Unfortunately for Secretary
Hegseth, no court has ever extended those principles to retired servicemembers, much less a retired servicemember serving in Congress and exercising oversight responsibility over
the military. This Court will not be the first to do so!
Worse still, Secretary Hegseth contends that this Court is not yet competent to
decide the issues in this case. He and his fellow Defendants argue that military personnel
1
Case 1:26-cv-00081-RJL
Document 37 Filed 02/12/26
Page 2 of 29
decisions are exempt from judicial review and, in any event, that Senator Kelly should first
be required to go through the military appeals process so the military can have the first
crack at adjudicating his First Amendment rights. I disagree. This Court has all it needs
to conclude that Defendants have trampled on Senator Kelly's First Amendment freedoms
and threatened the constitutional liberties of millions of military retirees. After all, as Bob Dylan famously said, "You don't need a weatherman to know which way the wind blows." To say the least, our retired veterans deserve more respect from their Government, and our
Constitution demands they receive it!
Senator Kelly's First Amendment claim is not only justiciable; he is likely to
succeed on the merits. He has also shown irreparable harm, and the balance of the equities
fall decidedly in his favor. As such, his motion for a preliminary injunction on his First
Amendment claim is hereby GRANTED.
BREAKING: Judge blocks Hegseth effort to punish Sen. Kelly.
"This Court has all it needs to conclude that Defendants have trampled on Senator Kelly's First Amendment freedoms and threatened the constitutional liberties of millions of military retirees."
Background: www.lawdork.com/p/breaking-k...
12.02.2026 17:41
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07.08.2025 17:23
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Donβt spend it all in one place!
26.06.2025 23:55
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Dinner time!
06.05.2025 22:27
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Big Bang Theory and Final Fantasy VI π
07.04.2025 15:36
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I was just playing with it. When working with a new deck long pressing adds cards to the deck. After a few it seems to stop working. Iβd bet it is a memory issue. The app has been a bit buggy.
02.04.2025 03:54
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Oooooh
02.04.2025 03:29
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What are you playing on? Iβm on iOS and ok. Maybe delete and reinstall?
02.04.2025 03:17
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So the idea is use the moving cards to shift Cap to the front row if the play line shows up? Iβm 3 and 2 right now.
02.04.2025 03:16
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Iβm enjoying Victoria Hand more than Iron Patriot personally.
10.01.2025 20:50
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Yeah. I hit infinite last minute last night kind of on accident with a Surfer deck. Knocked out five 8 cube wins. I signed on an hour ago and have won maybe twice in ten games lol
07.01.2025 23:19
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Thatβs a sick variant
03.01.2025 21:27
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Hahaha, someone got me with this earlier today. I was playing a Hazmat deck with USAgent, Man-Thing, Scorpion and so on. I knocked them down to negatives and they one lol
02.12.2024 21:46
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Same lol
02.12.2024 21:42
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Nah, I was never a fan of Pokemon to begin with. The app just doesn't feel right though.
02.12.2024 21:41
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No one loves a braggart! Just kidding, I do. Congrats!
24.11.2024 22:22
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Hahaha, I was shocked at that one. I'm horrible at remembering to SNAP so that it might take a while
20.11.2024 15:53
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Iβm not very far into Metaphor, but the amount of love it is getting Iβd be surprised if it doesnβt win.
I love Balatro, and would like them to get the rub but I doubt they will.
18.11.2024 17:27
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Sounds like you could use some engineers with loads of experience π
18.11.2024 06:57
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Add me please?!
17.11.2024 16:24
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Iβm all for them making money but this is ridiculous.
17.11.2024 15:58
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Congrats! Iβm stuck in the 80s this season for some reason.
17.11.2024 15:57
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15.11.2024 13:02
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Yeah man, Snap player here
15.11.2024 14:49
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Maybe we should be βsnapplesβ
12.11.2024 17:08
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Thatβs fantastic
12.11.2024 17:07
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@doeykat.bsky.social awesome youβre here. Youβre on of my fav SNAPers
12.11.2024 17:04
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not a power user so if you have navigation questions idk, but these are some blocklists I'm finding helpful right now:
bsky.app/profile/skyw...
bsky.app/profile/hedg...
bsky.app/profile/fran...
bsky.app/profile/gors...
bsky.app/profile/numb...
bsky.app/profile/skyw...
bsky.app/profile/numb...
09.11.2024 19:44
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I wish more #marvelsnap folks were here on Bluesky. Even the web app experience is better than X
12.09.2024 21:11
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Yeah, it did. He was one of my favorites π₯²
12.09.2024 20:37
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