Selective Principles: When Refusing Illegal Orders Depends on Who’s Speaking
There is a glaring hypocrisy emerging in the way some political figures talk about obedience, the law, and the Constitution—one that becomes especially clear when comparing past legal arguments to present political outrage.¹ In 2024, Pam Bondi, acting as an attorney for the America First Policy Institute, supported a friend-of-the-court brief connected to a U.S. Supreme Court case that explicitly stated that military officers are required not to carry out unlawful orders.² This position reflects a long-standing and uncontroversial principle of U.S. military law: service members must refuse illegal orders and are obligated to uphold the Constitution above any individual leader.³ Fast-forward to November 2025, and outrage was directed at Senator Mark Kelly—a retired U.S. Navy captain and combat veteran—for appearing in a video reminding service members of that same principle.⁴ Kelly emphasized that members of the armed forces swear an oath to the Constitution and are duty-bound to refuse...