He was confirmed by the United States Senate on October 31, 1979, and received his commission on November 2, 1979.

[citation needed] Seay was instrumental in reversing the miscarriages of justice that led to the convictions of Ron Williamson and Dennis Fritz for the murder of Debbie Carter in Ada, Oklahoma, events that were documented in John Grisham's non-fiction book The Innocent Man.

He is quoted as attaching to an epilogue of his legal opinion: "God help us, if ever in this great country we turn our heads while people who have not had fair trials are executed.

[3] Seay did not discover his Native American heritage, likely Cherokee, until after he was appointed to the federal bench.

[3] Nevertheless, Seay was the first Native American appointed to a federal bench in the United States.