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

Hegseth’s effort to penalize Kelly over the video is at the center of the appeal.

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.

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10 VOTES
How does this story look for
Pete Hegseth R · Secretary of Defense

Counts every outlet’s report of this story. See all 4

● OPEN
  • Readers of left-leaning coverage: 25% good look
  • Readers of right-leaning coverage: not enough votes yet
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Pete Hegseth
R · Secretary of Defense

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

PRIMARY SUBJECT
Mark Kelly
D · AZ · SEN

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

Kelly'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

3 OUTLETS
D.C. Circuit Hears Hegseth Appeal Over Discipline of Mark Kelly

Outlets agree that the D.C. Circuit heard arguments over Hegseth’s effort to discipline Mark Kelly for a video urging service members not to obey illegal orders; judges appeared skeptical of the government’s position. Center outlets emphasize the panel’s apparent inclination to uphold the ruling against discipline and present the case as a free-speech dispute. Right-leaning outlets frame the hearing more specifically as a test of Hegseth’s authority to punish Kelly for speech, while noting that one judge was more receptive to the government.

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