The Justice Department appealed a court ruling on Tuesday blocking the Trump administration from penalizing Sen. Mark Kelly (D-AZ) for urging military members to disobey “illegal orders.” 

The DOJ filed the appeal in the U.S. Court of Appeals for the District of Columbia on behalf of Secretary of War Pete Hegseth and the U.S. Navy. The appeal comes in response to U.S. District Judge Richard Leon’s preliminary ruling earlier this month that determined the Trump administration’s attempt to punish Kelly likely violated the senator’s First Amendment rights.