The Pentagon has moved to challenge a February 12 decision by U.S. District Judge Richard Leon that temporarily prevents enforcement of disciplinary action against Sen. Mark Kelly, D-Ariz., a retired Navy pilot, according to a court filing submitted Tuesday by the Justice Department. Government attorneys notified the court that they will seek review from the U.S. Court of Appeals for the District of Columbia Circuit.

The dispute stems from a 90-second video released in November in which Kelly and five other Democratic lawmakers encouraged members of the armed forces to uphold the Constitution and decline to follow unlawful military orders from the Trump administration. The video was initially posted on the social media account of Rep. Elissa Slotkin, D-Mich., and also featured Reps. Jason Crow of Colorado, Chris Deluzio of Pennsylvania, Maggie Goodlander of New Hampshire, and Chrissy Houlahan of Pennsylvania. All participants have prior military or intelligence service backgrounds.

Following the video’s release, President Donald Trump accused the lawmakers of sedition in a social media post. Earlier this month, however, a Washington grand jury declined to indict them.

Kelly filed suit in federal court after receiving a Jan. 5 censure from Hegseth. Leon’s ruling bars the Defense Department from implementing or enforcing the punishment while the case proceeds. In his opinion, Leon wrote that Pentagon officials violated Kelly’s First Amendment rights and warned that the action threatened the constitutional liberties of military retirees.

Hegseth publicly criticized the ruling and signaled plans to appeal. Kelly responded on social media that the appeal effort is intended to silence dissent and infringe on the speech rights of retired service members.

The appellate court will now determine whether the district court’s order remains in place as the legal challenge moves forward.