Mark Kelly v. Pete Hegseth

Court of Appeals for the D.C. Circuit·Decided March 2, 2026·No. 26-5070·Published

Opinion

United States Court of Appeals FOR THE DISTRICT OF COLUMBIA CIRCUIT

No. 26-5070 September Term, 2025 1:26-cv-00081-RJL

Filed On: March 2, 2026

Mark Kelly, United States Senator Representing the State of Arizona,

Appellee

v.

Pete Hegseth, in his Official Capacity as Secretary of Defense, et al.,

Appellants

BEFORE: Henderson, Pillard, and Pan, Circuit Judges

ORDER

Upon consideration of the motion to expedite briefing and argument in this appeal, it is

ORDERED that the appeal be expedited. The following briefing schedule will apply:

Appellants’ Brief March 20, 2026

Joint Appendix March 20, 2026

Appellee’s Brief April 15, 2026

Reply Brief April 27, 2026

It is FURTHER ORDERED that oral argument be scheduled before this panel at 9:30 a.m. on Thursday, May 7, 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.

United States Court of Appeals FOR THE DISTRICT OF COLUMBIA CIRCUIT

No. 26-5070 September Term, 2025

Appellants should raise all issues and arguments in the opening brief. The court ordinarily will not consider issues and arguments raised for the first time in the reply brief.

To enhance the clarity of their briefs, the parties are urged to limit the use of abbreviations, including acronyms. While acronyms may be used for entities and statutes with widely recognized initials, briefs should not contain acronyms that are not widely known. See D.C. Circuit Handbook of Practice and Internal Procedures 43-44 (2025); Notice Regarding Use of Acronyms (D.C. Cir. Jan. 26, 2010).

All briefs and appendices must contain the date that the case is scheduled for oral argument at the top of the cover. See D.C. Cir. Rule 28(a)(8).

Per Curiam

FOR THE COURT: Clifton B. Cislak, Clerk

BY: /s/

Scott H. Atchue Deputy Clerk

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