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Appeals court appears likely to uphold ruling in Sen. Kelly censure case

Kelly is challenging efforts to punish him over a video urging troops to refuse illegal orders.

Appeals court appears likely to uphold ruling in Sen. Kelly censure case
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This article1 analysis · Oct 7, 2026
May 7, 2026
tl;dr

A federal appeals court panel appeared inclined to side with Sen. Mark Kelly in his dispute with Defense Secretary Pete Hegseth over efforts to censure him and reduce his retirement pay. The case concerns whether those efforts retaliated against Kelly for a video urging troops to refuse illegal orders.

Community verdict

VOTING CLOSED
How does this story look for
Mark Kelly D · AZ · SEN
NOT RATEDCLOSED

No good or bad look here

This story reports what happened without casting Kelly in a good or bad light, so readers don’t rate it and it doesn’t count toward Kelly’s record.

● INFORMATIONAL

People in this story

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Mark Kelly
D · AZ · SEN

Senator challenging the effort to censure him and reduce his retirement pay

PRIMARY SUBJECT
Pete Hegseth
R · Secretary of Defense

Defense secretary whose effort to censure Kelly and reduce his retirement pay is being challenged

Hegseth's version of this story ↗
Donald Trump
R · President of the United States

President who called the video seditious and punishable by death

Former president identified as the appointing president of Judge Florence Pan

ALSO MENTIONED  Florence Pan, Appeals court judge who questioned the Justice Department’s position

Part of a bigger story

8 OUTLETS
Appeals Court Hears Mark Kelly's Challenge to Pentagon Discipline

A federal appeals court panel questioned the Pentagon’s effort to discipline Mark Kelly over remarks urging service members to refuse unlawful orders. Kelly is challenging the effort in court. Center outlets and right-leaning outlets both emphasize judges’ skepticism; center outlets frame the hearing as a test of government authority over a retired officer’s speech, while right-leaning outlets also note that one judge was more receptive to the government’s position.

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