G. Steven Agee
Agee in 2022
Judge of the United States Court of Appeals for the Fourth Circuit
Incumbent
Assumed office July 1, 2008
Appointed by	George W. Bush
Preceded by	J. Michael Luttig
Justice of the Supreme Court of Virginia
In office March 1, 2003 – June 30, 2008
Preceded by	Harry L. Carrico
Succeeded by	LeRoy F. Millette Jr.
Judge of the Virginia Court of Appeals
In office January 1, 2001 – March 1, 2003
Preceded by	Sam W. Coleman
Succeeded by	Elizabeth A. McClanahan
Member of the Virginia House of Delegates from the 8th district
In office January 8, 1992 – January 12, 1994
Preceded by	Thomas M. Jackson
Succeeded by	Morgan Griffith
Member of the Virginia House of Delegates from the 15th district
In office January 12, 1983 – January 8, 1992
Preceded by	Clinton Miller
Succeeded by	Andy Guest
Member of the Virginia House of Delegates from the 7th district
In office January 13, 1982 – January 12, 1983 Serving with Richard Cranwell
Preceded by	Chip Woodrum
Succeeded by	G. C. Jennings
Personal details
Born	George Steven Agee (1952-11-12) November 12, 1952 (age 71) Roanoke, Virginia, U.S.
Political party	Republican
Spouse	Nancy Howell
Education	Bridgewater College (BA) University of Virginia (JD) New York University (LLM)
Military service
Allegiance	United States
Branch/service	United States Army Reserve
Years of service	1986–1997
Rank	Captain
Unit	J.A.G. Corps

George Steven Agee (born November 12, 1952) is a United States circuit judge of the United States Court of Appeals for the Fourth Circuit and a former justice of the Supreme Court of Virginia.

Background

Born in Roanoke, Virginia, Agee was educated at Bridgewater College (Bachelor of Arts), the University of Virginia School of Law (Juris Doctor) and New York University School of Law (Master of Laws, 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. Opting to pursue the Republican nomination for Attorney General of Virginia in 1993, he did not seek re-election to the House.

Judicial career

State judicial service

In 2001, he became a Judge of the Virginia Court of Appeals. In 2003, he was elevated to the Virginia Supreme Court, 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 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.^[1] Agee received a hearing before the Senate Judiciary Committee 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.^[2] He received his commission on July 1, 2008,^[3] and was sworn in by his colleague and former law professor, United States Circuit Judge James Harvie Wilkinson III, on July 2, 2008.

Notable rulings

In 2016, Agee found that sectarian prayers offered by Rowan County, North Carolina commissioners at their meetings did not violate the Establishment Clause of the United States Constitution, over the dissent of Judge Wilkinson. That judgment was then rejected by the full circuit en banc by a vote of 10-5, with Wilkinson now writing for the majority while Agee and Paul V. Niemeyer authored dissents.^[4][5] In June 2018, the Supreme Court of the United States denied review, over the written dissent of Justice Clarence Thomas joined by Neil Gorsuch.^[6][7]