Federal judge to hear Sen. Mark Kelly’s case against Pete Hegseth

(CNN, KYMA) - A federal judge will hear arguments in a lawsuit brought by Sen. Mark Kelly (D-Ariz.) Tuesday.

Sen. Kelly is asking the court for a preliminary injunction blocking Secretary of Defense Pete Hegseth's move to cut his military retirement pay and reduce his rank.

It's in response to a video posted in November showing Kelly and five other lawmakers urging of service members to refuse unlawful orders.

Kelly’s lawyers argue the punishment violates the First Amendment and amounts to retaliation for protected speech.

The Pentagon has said it will not comment on ongoing litigation.

After the hearing, Kelly issued the following statement:

"Today was a day in court not just for my Constitutional rights, but for millions of retired Veterans and all Americans. There is nothing more fundamental to our democracy than the freedom to speak out about our government – that's what I’m fighting for.   

Given what's at stake, I appreciate the judge's quick and careful consideration in this lawsuit. 

I wore the uniform to defend this country and our Constitution. 

Secretary Hegseth has censured me and is trying to demote me for things I said. For doing my job as a Senator.

This isn't happening in isolation. Since taking office, this administration has repeatedly gone after the First Amendment rights of Americans.  

That's not how we do things in the United States of America. We have the Constitution and the law on our side."