U.S. Sen. Lindsey Graham said Friday he disagrees but accepts a court ruling that he may no longer serve as a military judge while holding office as a U.S. senator.
"I will respect the court's decision and will be reassigned to a job where I can use my legal talents within the confines of the court decision," the South Carolina Republican said.
Graham is a colonel in the U.S. Air Force Standby Reserve and was assigned as a reserve judge to the Air Force Court of Criminal Appeals.
But the U.S. Court of Appeals for the Armed Forces ruled on Thursday that Graham's service as a judge violates the Constitution which prohibits members of Congress from also holding another United States office.
The issue arose after an Air Force airman convicted in a military court of cocaine use challenged Graham's qualifications saying it was a conflict of interest.
The court, in its ruling, found that service by a member of Congress "performing independent judicial functions runs afoul of the fundamental constitutional principals of separation of powers."
"I disagreed with the court, but I respect the court's decision," Graham said. "I've been a prosecutor, defense attorney _ I've been a military lawyer for over 20 years. I enjoyed my time as a judge and I am ready to serve in another capacity."
He added, "I intend to stay in the military as long as I can be effective, and I have really enjoyed the service."
The Judge Advocate General of the Air Force is considering whether to appeal the ruling to the U.S. Supreme Court, the Air Force said.