WASHINGTON, D.C. — Two back-to-back rulings have rebuffed efforts by the Trump administration to retaliate against military veterans for exercising their First Amendment rights and reaffirming that military service members’ oath is to the Constitution.
A federal grand jury rejected attempts to prosecute six members of Congress for reminding military service members that their allegiance is to the Constitution—not to any individual officeholder—and that they retain both the right and the legal obligation to refuse unlawful commands. Two days later, a federal district court judge blocked the Pentagon’s effort to reduce the military retirement grade and pay of Senator Mark Kelly, one of the six lawmakers, ruling that the move violated his constitutional protections. Together, the decisions reaffirm both the constitutional protection of free speech and the structural safeguards designed to check government overreach, including the vital role of citizen nullification.
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