Mark Kelly v. Pete Hegseth, et al
| Mark Kelly, United States Senator Representing the State of Arizona |
| Pete Hegseth, in his Official Capacity as Secretary of Defense, United States Department of Defense, John Phelan, in his Official Capacity as Secretary of the Navy and United States Department of the Navy |
| Vet Voice Foundation, Former Service Secretaries, Retired Senior Military Officers, National Security Leaders for America, Cato Institute, The National Institute for Military Justice, Foundation for Individual Rights and Expression, Maggie Goodlander, Representative, Jason Crow, Representative, Chris Deluzio, Representative, Chrissy Houlahan, Representative, Elissa Slotkin, Senator and Center for Ethics and the Rule of Law |
| 26-5070 |
| February 27, 2026 |
| U.S. Court of Appeals, D.C. Circuit |
| Other Statutes APA/Review Agency |
Docket Report
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| Document Text |
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| APPELLANT REPLY BRIEF [2170541] filed by DOD, DON, Pete Hegseth and John Phelan [Service Date: 04/27/2026 ] Length of Brief: 5,785 Words. [26-5070] (Bailey, John) [Entered: 04/27/2026 11:33 AM] |
| CORRECTED AMICUS FOR APPELLEE FINAL BRIEF [2170285] filed by Center for Ethics and the Rule of Law [Service Date: 04/24/2026 ] Length of Brief: 3,405 words. [26-5070] (Zaid, Mark) [Entered: 04/24/2026 11:33 AM] |
| FORM 72 submitted by arguing attorney, John Bailey, on behalf of Appellants DOD, DON, Pete Hegseth and John Phelan (For Internal Use Only: Form is restricted to protect counsel's personal contact information) . [26-5070] (Bailey, John) [Entered: 04/23/2026 05:21 PM] |
| CONSENT AMICUS FOR APPELLEE BRIEF [2169976] lodged by Center for Ethics and the Rule of Law [Service Date: 04/22/2026 ] Length of Brief: 15 pages and less than 6,500 words. [26-5070]--[MODIFIED EVENT FROM FILED TO LODGED--Edited 04/23/2026 by LMM] (Zaid, Mark) [Entered: 04/22/2026 11:03 PM] |
| CONSENT AMICUS FOR APPELLEE BRIEF [2169914] filed by Representative Maggie Goodlander, Representative Jason Crow, Representative Chris Deluzio, Representative Chrissy Houlahan, and Senator Elissa Slotkin [Service Date: 04/22/2026 ] Length of Brief: 4,949 words. [26-5070] (McDowell, Ephraim) [Entered: 04/22/2026 04:59 PM] |
| FORM 72 submitted by arguing attorney, Benjamin C. Mizer, on behalf of Appellee Mark Kelly (For Internal Use Only: Form is restricted to protect counsel's personal contact information) . [26-5070] (Mizer, Benjamin) [Entered: 04/22/2026 04:22 PM] |
| CONSENT AMICUS FOR APPELLEE BRIEF [2169878] filed by Foundation for Individual Rights and Expression [Service Date: 04/22/2026 ] Length of Brief: 5,990 Words. [26-5070] (London, Ronald) [Entered: 04/22/2026 03:15 PM] |
| PER CURIAM ORDER [2169844] filed allocating oral argument time as follows: Appellants - 15 Minutes, Appellee - 15 Minutes. One counsel per side to argue; directing party to file Form 72 notice of arguing attorney by 04/24/2026 [26-5070] [Entered: 04/22/2026 01:13 PM] |
| CONSENT AMICUS FOR APPELLEE BRIEF [2169840] filed by The National Institute for Military Justice [Service Date: 04/22/2026 ] Length of Brief: 3,736 Words. [26-5070] (Leslie, Gregg) [Entered: 04/22/2026 12:59 PM] |
| CONSENT AMICUS FOR APPELLEE BRIEF [2169836] filed by Cato Institute [Service Date: 04/22/2026 ] Length of Brief: 4,501 words. [26-5070] (Berry, Thomas) [Entered: 04/22/2026 12:40 PM] |
| CONSENT NOTICE [2169835] of intention to participate as amicus curiae [Disclosure Listing: Attached] filed by Cato Institute [Service Date: 04/22/2026 ] [26-5070]-[Edited 04/23/2026 by LMM] (Berry, Thomas) [Entered: 04/22/2026 12:39 PM] |
| CONSENT AMICUS FOR APPELLEE BRIEF [2169574] filed by National Security Leaders for America [Service Date: 04/20/2026 ] Length of Brief: 5,512. [26-5070] (Schwartz, Daniel) [Entered: 04/20/2026 07:53 PM] |
| CONSENT AMICUS FOR APPELLEE BRIEF [2169142] filed by Former Service Secretaries, Retired Senior Military Officers, and Vet Voice Foundation [Service Date: 04/17/2026 ] Length of Brief: 2,972 words. [26-5070] (Tremitiere, Beau) [Entered: 04/17/2026 11:07 AM] |
| ENTRY OF APPEARANCE [2168827] filed by Paul J. Fishman on behalf of Appellee Mark Kelly. [26-5070] (Fishman, Paul) [Entered: 04/15/2026 02:37 PM] |
| APPELLEE BRIEF [2168830] filed by Mark Kelly [Service Date: 04/15/2026 ] Length of Brief: 9,440 words. [26-5070] (Mizer, Benjamin) [Entered: 04/15/2026 02:41 PM] |
| ENTRY OF APPEARANCE [2168824] filed by Deborah A. Curtis and co-counsel Aaron X. Sobel on behalf of Appellee Mark Kelly. [26-5070] (Curtis, Deborah) [Entered: 04/15/2026 02:34 PM] |
| ENTRY OF APPEARANCE [2168823] filed by Benjamin C. Mizer and co-counsel Samuel F. Callahan and Bonnie E. Devany on behalf of Appellee Mark Kelly. [26-5070] (Mizer, Benjamin) [Entered: 04/15/2026 02:31 PM] |
| UNDERLYING DECISION IN CASE [2166585] submitted by DOD, DON, Pete Hegseth and John Phelan [Service Date: 04/01/2026 ] [26-5070] (Bailey, John) [Entered: 04/01/2026 02:40 PM] |
| TRANSCRIPT STATUS REPORT [2166583] filed by DOD, DON, Pete Hegseth and John Phelan [Service Date: 04/01/2026 ]. Status of Transcripts: Final - No transcripts are needed for the appeal. [26-5070] (Bailey, John) [Entered: 04/01/2026 02:39 PM] |
| STATEMENT OF ISSUES [2166582] filed by DOD, DON, Pete Hegseth and John Phelan [Service Date: 04/01/2026 ] [26-5070] (Bailey, John) [Entered: 04/01/2026 02:37 PM] |
| DOCKETING STATEMENT [2166581] filed by DOD, DON, Pete Hegseth and John Phelan [Service Date: 04/01/2026 ] [26-5070] (Bailey, John) [Entered: 04/01/2026 02:36 PM] |
| CERTIFICATE AS TO PARTIES, RULINGS AND RELATED CASES [2166578] filed by Pete Hegseth, John Phelan, DOD and DON [Service Date: 04/01/2026 ] [26-5070] (Bailey, John) [Entered: 04/01/2026 02:35 PM] |
| JOINT APPENDIX [2164689] filed by DOD, DON, Pete Hegseth and John Phelan [Volumes: 1] [Service Date: 03/20/2026 ] [26-5070] (Bailey, John) [Entered: 03/20/2026 01:12 PM] |
| APPELLANT BRIEF [2164687] filed by DOD, DON, Pete Hegseth and John Phelan [Service Date: 03/20/2026 ] Length of Brief: 11,257 words. [26-5070] (Bailey, John) [Entered: 03/20/2026 01:07 PM] |
| ENTRY OF APPEARANCE [2164626] filed by n/a and co-counsel John Bailey on behalf of Appellants DOD, DON, Pete Hegseth and John Phelan. [26-5070] (Bailey, John) [Entered: 03/20/2026 10:36 AM] |
| PER CURIAM ORDER [2161547] filed considering motion to expedite brifing and argument [ # 2161389-2 ],and the appeal be expedited. Setting briefing schedule: APPELLANT Brief due 03/20/2026. APPENDIX due 03/20/2026. APPELLEE Brief due on 04/15/2026. APPELLANT Reply Brief due 04/27/2026. The parties are directed to hand deliver the paper copies of their briefs to the Clerk's office by 4:00 p.m. on the date due. Scheduling oral argument before this panel at 9:30 a.m. on Thursday, 05/07/2026. Before Judges: Henderson, Pillard and Pan. [26-5070] [Entered: 03/02/2026 10:12 AM] |
| NOTICE OF APPEAL [2161317] seeking review of a decision by the U.S. District Court in 1:26-cv-00081-RJL filed by Pete Hegseth, John Phelan, DOD and DON. Appeal assigned USCA Case Number: 26-5070. [26-5070] [Entered: 02/27/2026 08:29 AM] |
| UNOPPOSED MOTION [2161389] to expedite case filed by DOD, DON, Pete Hegseth and John Phelan [Service Date: 02/27/2026 ] Length Certification: 324 Words. [26-5070] (Barmore, Cynthia) [Entered: 02/27/2026 11:53 AM] |
| ENTRY OF APPEARANCE [2161385] filed by Cynthia Barmore and co-counsel Brad Hinshelwood on behalf of Appellants DOD, DON, Pete Hegseth and John Phelan. [26-5070] (Barmore, Cynthia) [Entered: 02/27/2026 11:35 AM] |
| CLERK'S ORDER [2161319] filed directing party to file initial submissions: APPELLANT docketing statement due 03/30/2026. APPELLANT certificate as to parties due 03/30/2026. APPELLANT statement of issues due 03/30/2026. APPELLANT underlying decision due 03/30/2026. APPELLANT deferred appendix statement due 03/30/2026. APPELLANT entry of appearance due 03/30/2026. APPELLANT transcript status report due 03/30/2026. APPELLANT procedural motions due 03/30/2026. APPELLANT dispositive motions due 04/13/2026; directing party to file initial submissions: APPELLEE certificate as to parties due 03/30/2026. APPELLEE entry of appearance due 03/30/2026. APPELLEE procedural motions due 03/30/2026. APPELLEE dispositive motions due 04/13/2026 [26-5070] [Entered: 02/27/2026 08:31 AM] |
| US CIVIL CASE docketed. [26-5070] [Entered: 02/27/2026 08:28 AM] |
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