The U.S. Court of Appeals for the Armed Forces held yesterday, in U.S. v. Lane, that appointing Senator Lindsey Graham — a colonel in the reserves — as a military appellate judge violated the Incompatibility Clause of the Constitution ("no Person holding any Office under the United States, shall be a Member of either House during his Continuance in Office"). The appellate panel's decision upholding Airman Lane's conviction was therefore reversed, and the appeal was remanded for reconsideration by a properly constituted panel.