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Appeals Court Likely to Reject Pentagon’s Kelly Sanction

5/12/2026

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Summary

Story summary

An appeals court will reject the Pentagon’s effort to sanction Senator Mark Kelly for his video urging service members to defy orders.
Defense Secretary Pete Hegseth said Pentagon will review Kelly’s CBS Face the Nation remarks that Missiles, THAAD systems have been depleted since Iran conflict began on Feb. 28.
Legal experts note a district judge blocked the Pentagon’s demotion effort over the video, making the appeals court likely to dismiss it.

History

Historical Context

In 1971 the Supreme Court’s 6-3 ruling in New York Times Co. v. United States stopped the Nixon administration from enjoining publication of the Pentagon Papers, a classified Department of Defense study of the Vietnam war. That precedent, rooted in earlier First-Amendment cases such as Near v. Minnesota (1931), frames today’s Pentagon effort to demote Senator Mark Kelly and Defense Secretary Pete Hegseth’s review of speech-suppression claims.

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Story summary

An appeals court will reject the Pentagon’s effort to sanction Senator Mark Kelly for his video urging service members to defy orders.
Defense Secretary Pete Hegseth said Pentagon will review Kelly’s CBS Face the Nation remarks that Missiles, THAAD systems have been depleted since Iran conflict began on Feb. 28.
Legal experts note a district judge blocked the Pentagon’s demotion effort over the video, making the appeals court likely to dismiss it.

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