A three‑judge panel of the D.C. Circuit heard arguments on Thursday over a lawsuit seeking to block the Pentagon from disciplining Senator Mark Kelly for a November video warning service members to refuse illegal orders. Kelly, a retired Navy captain and astronaut, claims the action by Defense Secretary Pete Hegseth infringes his First Amendment rights. A February district‑court order already halted any punitive measures.

Two of the three judges, including Judge Florence Y. Pan and Judge Cornelia Pillard, appeared sympathetic to Kelly’s argument that his remarks were a textbook statement of military law, not a call to disobey lawful orders. The third judge, Judge Karen L. Henderson, leaned toward the Justice Department’s view that the speech could undermine good order and discipline, echoing the administration’s earlier accusations of sedition.

Lawyers for the senator emphasized that protected speech for retirees is narrowly defined, and that the video merely restated a principle taught at West Point. If the appellate panel upholds the lower court’s injunction, the Pentagon’s attempt to strip Kelly of rank and pension would be stalled, reinforcing precedent that retired officers retain First Amendment protections even when speaking to active‑duty personnel.