US appeals court appears skeptical of Pentagon bid to punish Mark Kelly

A three-judge panel of the US Court of Appeals for the District of Columbia Circuit heard arguments Thursday on whether the Trump administration can legally demote Senator Mark Kelly (D-Arizona), a retired Navy captain, over November 2025 remarks urging service members to refuse unlawful orders. Judge Florence Pan questioned the government's position, noting that refusing illegal orders is taught at West Point and the Naval Academy, while Kelly's attorneys argued the Pentagon's actions constitute retaliation against protected First Amendment speech on matters of public concern.