George Steven Agee (born November 12, 1952) is a

United States circuit judge In the United States, federal judges are judges who serve on courts established under Article Three of the U.S. Constitution. They include the chief justice and the associate justices of the U.S. Supreme Court, the circuit judges of the U.S. ...

of the

United States Court of Appeals for the Fourth Circuit The United States Court of Appeals for the Fourth Circuit (in case citations, 4th Cir.) is a federal court located in Richmond, Virginia, with appellate jurisdiction over the district courts in the following districts: * District of Maryland ...

and a former justice of the Supreme Court of Virginia.

Background

Born in Roanoke,

Virginia Virginia, officially the Commonwealth of Virginia, is a state in the Mid-Atlantic and Southeastern regions of the United States, between the Atlantic Coast and the Appalachian Mountains. The geography and climate of the Commonwealth ar ...

, Agee was educated at Bridgewater College (

Bachelor of Arts Bachelor of arts (BA or AB; from the Latin ', ', or ') is a bachelor's degree awarded for an undergraduate program in the arts, or, in some cases, other disciplines. A Bachelor of Arts degree course is generally completed in three or four year ...

), the University of Virginia School of Law ( Juris Doctor) and

New York University School of Law New York University School of Law (NYU Law) is the law school of New York University, a private research university in New York City. Established in 1835, it is the oldest law school in New York City and the oldest surviving law school in N ...

(

Master of Laws A Master of Laws (M.L. or LL.M.; Latin: ' or ') is an advanced postgraduate academic degree, pursued by those either holding an undergraduate academic law degree, a professional law degree, or an undergraduate degree in a related subject. In mos ...

, Taxation). He has litigated cases in Virginia and federal courts, including arguing for the appellant before the Supreme Court of the United States in ''Patterson v. Shumate'', 504 U.S. 753 (1992). From 1982 to 1994, he served in the

Virginia House of Delegates The Virginia House of Delegates is one of the two parts of the Virginia General Assembly, the other being the Senate of Virginia. It has 100 members elected for terms of two years; unlike most states, these elections take place during odd-number ...

. Opting to pursue the Republican nomination for

Attorney General of Virginia The attorney general of Virginia is an elected constitutional position that holds an executive office in the government of Virginia. Attorneys general are elected for a four-year term in the year following a presidential election. There are no ...

in 1993, he did not seek re-election to the House.

Judicial career

State judicial service

In 2001, he became a Judge of the

Court of Appeals of Virginia The Court of Appeals of Virginia, established January 1, 1985, is an intermediate appellate court of 17 judges that hears appeals from decisions of Virginia's circuit courts and the Virginia Workers' Compensation Commission. The Court sits in p ...

. In 2003, he was elevated to the Supreme Court of Virginia, filling the vacancy created by Chief Justice Harry L. Carrico, who took Senior Justice status.

Federal judicial service

Agee was nominated on March 13, 2008 by President

George W. Bush George Walker Bush (born July 6, 1946) is an American politician who served as the 43rd president of the United States from 2001 to 2009. A member of the Republican Party, Bush family, and son of the 41st president George H. W. Bush, he ...

to fill a vacancy on the Fourth Circuit created by Judge J. Michael Luttig, who resigned on May 10, 2006. President Bush asked the Senate to consider his nomination swiftly because of the court’s heavy caseloads, and because five of the fifteen seats were vacant. Agee received a hearing before the

Senate Judiciary Committee The United States Senate Committee on the Judiciary, informally the Senate Judiciary Committee, is a standing committee of 22 U.S. senators whose role is to oversee the Department of Justice (DOJ), consider executive and judicial nominations ...

on May 1, 2008, and was unanimously voted out of committee on May 15, 2008. Agee was confirmed on May 20, 2008, by a 96–0 vote. Agee was the fourth judge nominated to the Fourth Circuit by Bush and confirmed by the

United States Senate The United States Senate is the upper chamber of the United States Congress, with the House of Representatives being the lower chamber. Together they compose the national bicameral legislature of the United States. The composition and pow ...

. He received his commission on July 1, 2008, and was sworn in by his colleague and former law professor, United States Circuit Judge

James Harvie Wilkinson III James Harvie Wilkinson III (born September 29, 1944) is an American jurist who serves as a United States circuit judge on the United States Court of Appeals for the Fourth Circuit. His name has been raised at several junctures in the past as a po ...

, on July 2, 2008.

Notable rulings

In 2016, Agee found that sectarian prayers offered by

Rowan County, North Carolina Rowan County is a county in the U.S. state of North Carolina that was formed in 1753, as part of the British Province of North Carolina. It was originally a vast territory with unlimited western boundaries, but its size was reduced to 524 sq mi ...

commissioners at their meetings did not violate the

Establishment Clause In United States law, the Establishment Clause of the First Amendment to the United States Constitution, together with that Amendment's Free Exercise Clause, form the constitutional right of freedom of religion. The relevant constitutional text ...

of the United States Constitution, over the dissent of Judge Wilkinson. That judgment was then rejected by the full circuit ''

en banc In law, an en banc session (; French for "in bench"; also known as ''in banc'', ''in banco'' or ''in bank'') is a session in which a case is heard before all the judges of a court (before the entire bench) rather than by one judge or a smaller p ...

'' by a vote of 10-5, with Wilkinson now writing for the majority while Agee and Paul V. Niemeyer authored dissents. In June 2018, the Supreme Court of the United States denied review, over the written dissent of Justice

Clarence Thomas Clarence Thomas (born June 23, 1948) is an American jurist who serves as an associate justice of the Supreme Court of the United States. He was nominated by President George H. W. Bush to succeed Thurgood Marshall and has served since 1 ...

joined by Neil Gorsuch.

References

External links

* *Markon, Jerry,
U.S. Appeals Court Gets New Judge
" ''The Washington Post'', July 31, 2008. *Sluss, Michael,
Senate confirms Agee for judgeship
" ''The Roanoke Times'', May 20, 2008. *Schapiro, Jeff,

" ''Richmond Times-Dispatch'', May 20, 2008 *Simon, Neil H.,
Va. Justice Agee Clears Hurdle for Federal Post
" ''Media General News Service'', May 15, 2008. *Marcy, Jessica,
Judge from Salem gets nod for federal post
" ''The Roanoke Times'', March 14, 2008. *Simon, Neil H.,

" ''Richmond Times-Dispatch'', March 14, 2008. *Reichmann, Deb,
Va. Justice Nominated to Appeals Court
" ''Associated Press'', March 13, 2008.

*
Patterson v. Shumate Case Summary and Oral Argument
" ''The Oyez Project''. {{DEFAULTSORT:Agee, George Steven 1952 births 21st-century American judges Bridgewater College alumni Judges of the United States Court of Appeals for the Fourth Circuit Living people Republican Party members of the Virginia House of Delegates Politicians from Roanoke, Virginia United States court of appeals judges appointed by George W. Bush Virginia lawyers Justices of the Supreme Court of Virginia