Wade McCree Jr.
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Wade Hampton McCree Jr. (July 3, 1920 – August 30, 1987) was an American legal scholar and judge. He was the first
African American African Americans, also known as Black Americans and formerly also called Afro-Americans, are an Race and ethnicity in the United States, American racial and ethnic group that consists of Americans who have total or partial ancestry from an ...
appointed as a
United States circuit judge In the United States, a federal judge is a judge who serves on a court established under Article Three of the U.S. Constitution. Often called "Article III judges", federal judges include the chief justice and associate justices of the U.S. Su ...
of the
United States Court of Appeals for the Sixth Circuit The United States Court of Appeals for the Sixth Circuit (in case citations, 6th Cir.) is a federal court with appellate jurisdiction over the district courts in the following districts: * Eastern District of Kentucky * Western District of K ...
and the second African-American
United States Solicitor General The solicitor general of the United States (USSG or SG), is the fourth-highest-ranking official within the United States Department of Justice (DOJ), and represents the federal government in cases before the Supreme Court of the United States. ...
in the history of the United States. He joined the faculty of the
University of Michigan Law School The University of Michigan Law School (branded as Michigan Law) is the law school of the University of Michigan, a public research university in Ann Arbor, Michigan. Founded in 1859, the school offers Master of Laws (LLM), Master of Comparati ...
after leaving government service in 1981, and taught there until the time of his death.


Education and career

McCree was born on July 3, 1920, in
Des Moines, Iowa Des Moines is the List of capitals in the United States, capital and List of cities in Iowa, most populous city in the U.S. state of Iowa. It is the county seat of Polk County, Iowa, Polk County with parts extending into Warren County, Iowa, Wa ...
. He was the son of Wade Hampton McCree Sr., a graduate of
Fisk University Fisk University is a Private university, private Historically black colleges and universities, historically black Liberal arts colleges in the United States, liberal arts college in Nashville, Tennessee. It was founded in 1866 and its campus i ...
who had worked his way through college as a butler and who became the first African-American pharmacist and pharmacy owner in Iowa. McCree senior was later employed as first African-American narcotics inspector for the Food and Drug Administration.Pace, Eric
Wade H. McCree Jr. Dies at 67; Was Judge and Solicitor General
''New York Times'', September 1, 1987.
MacKinnow, Kin Fole

from ''The Bulletin, Boston Latin School Association''
McCree grew up mainly in
Boston Boston is the capital and most populous city in the Commonwealth (U.S. state), Commonwealth of Massachusetts in the United States. The city serves as the cultural and Financial centre, financial center of New England, a region of the Northeas ...
, and attended the prestigious
Boston Latin School The Boston Latin School is a Magnet school, magnet Latin schools, Latin Grammar schools, grammar State school, state school in Boston, Massachusetts. It has been in continuous operation since it was established on April 23, 1635. It is the old ...
. Like his father, McCree worked his way through Fisk University. He was elected to the
Phi Beta Kappa The Phi Beta Kappa Society () is the oldest academic honor society in the United States. It was founded in 1776 at the College of William & Mary in Virginia. Phi Beta Kappa aims to promote and advocate excellence in the liberal arts and sciences, ...
society and graduated ''
summa cum laude Latin honors are a system of Latin phrases used in some colleges and universities to indicate the level of distinction with which an academic degree has been earned. The system is primarily used in the United States. It is also used in some Sout ...
'' in 1941 with an Artium Baccalaureus degree. After serving a four-year stint as a Captain in the
United States Army The United States Army (USA) is the primary Land warfare, land service branch of the United States Department of Defense. It is designated as the Army of the United States in the United States Constitution.Article II, section 2, clause 1 of th ...
during
World War II World War II or the Second World War (1 September 1939 – 2 September 1945) was a World war, global conflict between two coalitions: the Allies of World War II, Allies and the Axis powers. World War II by country, Nearly all of the wo ...
, McCree entered
Harvard Law School Harvard Law School (HLS) is the law school of Harvard University, a Private university, private research university in Cambridge, Massachusetts. Founded in 1817, Harvard Law School is the oldest law school in continuous operation in the United ...
and graduated 12th in his class in 1948 with a
Bachelor of Laws A Bachelor of Laws (; LLB) is an undergraduate law degree offered in most common law countries as the primary law degree and serves as the first professional qualification for legal practitioners. This degree requires the study of core legal subje ...
. McCree and his wife, Dores, a graduate of
Simmons College Institutions of learning called Simmons College or Simmons University include: * Simmons University Simmons University (previously Simmons College) is a private university in Boston, Massachusetts, United States. It was established in 1899 by ...
, then moved to her hometown of
Detroit Detroit ( , ) is the List of municipalities in Michigan, most populous city in the U.S. state of Michigan. It is situated on the bank of the Detroit River across from Windsor, Ontario. It had a population of 639,111 at the 2020 United State ...
,
Michigan Michigan ( ) is a peninsular U.S. state, state in the Great Lakes region, Great Lakes region of the Upper Midwest, Upper Midwestern United States. It shares water and land boundaries with Minnesota to the northwest, Wisconsin to the west, ...
where they raised three children. McCree practiced law at the black law firm of Bledsoe & Taylor from 1948 to 1952. He began his long career in public service in 1953 when was appointed to the
Workman's Compensation Workers' compensation or workers' comp is a form of insurance providing wage replacement and medical benefits to employees injured in the course of employment in exchange for mandatory relinquishment of the employee's right to sue his or her emp ...
Commission by Michigan Governor
G. Mennen Williams Gerhard Mennen "Soapy" Williams (February 23, 1911 – February 2, 1988) was an American politician who served as the 41st governor of Michigan, elected in 1948 and serving six two-year terms in office. He later served as Assistant Secretar ...
. Two years later McCree became the first African-American to be appointed to the Circuit Court for Wayne County, Michigan, and served on that court from 1954 to 1961.


Federal judicial service

McCree was nominated by President
John F. Kennedy John Fitzgerald Kennedy (May 29, 1917 – November 22, 1963), also known as JFK, was the 35th president of the United States, serving from 1961 until his assassination in 1963. He was the first Roman Catholic and youngest person elected p ...
on September 18, 1961, to the
United States District Court for the Eastern District of Michigan The United States District Court for the Eastern District of Michigan (in case citations, E.D. Mich.) is the United States district court, federal district court with jurisdiction over the eastern half of the Lower Peninsula of the State of M ...
, to a new seat authorized by 75 Stat. 80. He was confirmed by the
United States Senate The United States Senate is a chamber of the Bicameralism, bicameral United States Congress; it is the upper house, with the United States House of Representatives, U.S. House of Representatives being the lower house. Together, the Senate and ...
on September 23, 1961, and received his commission on September 29, 1961, becoming the first African-American on that court. His service terminated on September 13, 1966, due to elevation to the Sixth Circuit. McCree was nominated by President
Lyndon B. Johnson Lyndon Baines Johnson (; August 27, 1908January 22, 1973), also known as LBJ, was the 36th president of the United States, serving from 1963 to 1969. He became president after the assassination of John F. Kennedy, under whom he had served a ...
on August 16, 1966, to the
United States Court of Appeals for the Sixth Circuit The United States Court of Appeals for the Sixth Circuit (in case citations, 6th Cir.) is a federal court with appellate jurisdiction over the district courts in the following districts: * Eastern District of Kentucky * Western District of K ...
, to a new seat authorized by 80 Stat. 75. He was confirmed by the Senate on September 7, 1966, and received his commission on September 7, 1966, becoming the first African-American on that court. His service terminated on March 28, 1977, due to his resignation.


Views on race

While sitting on the federal bench, McCree was known to have expressed his views on race and justice. When a lawyer argued that McCree could not impartially decide a case involving a black and a white litigant, McCree replied that "the ultimate of arrogance is achieved when a white person thinks another white person can make a judgment without being influenced by race, and a black person cannot."


Friends School

When his eldest daughter,
Kathleen McCree Lewis Kathleen McCree Lewis (September 27, 1947 – October 16, 2007) was an American lawyer and former federal judicial nominee to the United States Court of Appeals for the Sixth Circuit. Early life and education Lewis was born in Boston. Lewis' ...
, was refused admission to an all-girls school in Detroit because she was black, McCree founded the interracial Friends School in 1965. He was also a founder of the statewide Higher Education Opportunity Committee, a program which identifies promising middle school students and provides them with college scholarships.


Solicitor General service

McCree left the Sixth Circuit when President
Jimmy Carter James Earl Carter Jr. (October 1, 1924December 29, 2024) was an American politician and humanitarian who served as the 39th president of the United States from 1977 to 1981. A member of the Democratic Party (United States), Democratic Party ...
appointed him
United States Solicitor General The solicitor general of the United States (USSG or SG), is the fourth-highest-ranking official within the United States Department of Justice (DOJ), and represents the federal government in cases before the Supreme Court of the United States. ...
. As Solicitor General, McCree served as the head appellate lawyer for the
United States Government The Federal Government of the United States of America (U.S. federal government or U.S. government) is the Federation#Federal governments, national government of the United States. The U.S. federal government is composed of three distinct ...
and represented the administration in cases before the
United States Supreme Court The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that turn on question ...
.


Notable cases

McCree personally argued 25 cases before the Supreme Court, including the
Richard Nixon Richard Milhous Nixon (January 9, 1913April 22, 1994) was the 37th president of the United States, serving from 1969 until Resignation of Richard Nixon, his resignation in 1974. A member of the Republican Party (United States), Republican ...
presidential tapes case and the ''
Regents of the University of California v. Bakke ''Regents of the University of California v. Bakke'', 438 U.S. 265 (1978), was a landmark decision by the Supreme Court of the United States that involved a dispute over whether preferential treatment for minorities could reduce educational o ...
''
affirmative action Affirmative action (also sometimes called reservations, alternative access, positive discrimination or positive action in various countries' laws and policies) refers to a set of policies and practices within a government or organization seeking ...
case. In ''Bakke'', McCree argued that race could be one factor in deciding whether an applicant was admitted to
medical school A medical school is a tertiary educational institution, professional school, or forms a part of such an institution, that teaches medicine, and awards a professional degree for physicians. Such medical degrees include the Bachelor of Medicine, ...
. He said at the time that he was "in favor of special admissions programs, but people who can outgrow them should not become dependent on them." Called the "10th Justice" by virtue of his office, McCree served as Solicitor General for four years.


Later career

McCree resigned his commission as Solicitor General after the end of the Supreme Court's Term in June 1981, after Republican President
Ronald Reagan Ronald Wilson Reagan (February 6, 1911 – June 5, 2004) was an American politician and actor who served as the 40th president of the United States from 1981 to 1989. He was a member of the Republican Party (United States), Republican Party a ...
took office. Chief Justice Burger had privately signaled his preference that McCree not be replaced until the end of the Term. McCree then became the Lewis M. Simes Professor of Law at the University of Michigan, where he taught until his death. During these years he also consulted on various cases and served as
Special Master In the law of the United States, a special master is an official appointed by a judge to ensure judicial orders are followed, or in the alternative, to hear evidence on behalf of the judge and make recommendations to the judge as to the dispositi ...
for United States Supreme Court cases of
original jurisdiction In common law legal systems, original jurisdiction of a court is the power to hear a case for the first time, as opposed to appellate jurisdiction, when a higher court has the power to review a lower court's decision. India In India, the S ...
.


Death

McCree died on August 30, 1987, at age 67 of
bone cancer A bone tumor is an neoplastic, abnormal growth of tissue in bone, traditionally classified as benign, noncancerous (benign) or malignant, cancerous (malignant). Cancerous bone tumors usually originate from a cancer in another part of the body su ...
and a heart ailment at
Henry Ford Hospital Henry Ford Hospital (HFH) is an 877-bed tertiary care hospital, education and research complex at the western edge of the New Center, Detroit, New Center area in Detroit, Michigan. The flagship facility for the Henry Ford Health System, it wa ...
in Detroit, Michigan. President Carter said at his memorial service that McCree was "a true American hero". McCree is interred at
Woodlawn Cemetery Woodlawn Cemetery is the name of several cemeteries, including: Canada * Woodlawn Cemetery (Saskatoon) * Woodlawn Cemetery (Nova Scotia) United States ''(by state then city or town)'' * Woodlawn Cemetery (Ocala, Florida), where Isaac Rice and fa ...
.


Legacy

McCree's daughter,
Kathleen McCree Lewis Kathleen McCree Lewis (September 27, 1947 – October 16, 2007) was an American lawyer and former federal judicial nominee to the United States Court of Appeals for the Sixth Circuit. Early life and education Lewis was born in Boston. Lewis' ...
, was nominated by President
Bill Clinton William Jefferson Clinton (né Blythe III; born August 19, 1946) is an American politician and lawyer who was the 42nd president of the United States from 1993 to 2001. A member of the Democratic Party (United States), Democratic Party, ...
to the United States Court of Appeals for the Sixth Circuit in 1999. However, the United States Senate failed to act on Lewis' nomination. His son, Wade Harper McCree III, served as a 3rd Circuit Court judge in
Wayne County, Michigan Wayne County is the most populous County (United States), county in the U.S. state of Michigan. As of 2020, the United States census placed its population at 1,793,561, making it the List of the most populous counties in the United States, 19th ...
, from 2006 until May 2013. He was suspended without pay in May 2013 for multiple counts of misconduct. He was officially removed from office on March 26, 2014.Michigan Supreme Court bans Detroit Judge Wade McCree Jr. from bench until 2021
/ref>


See also

*
List of African-American jurists This list includes individuals self-identified as African Americans who have made prominent contributions to the field of law in the United States, especially as eminent judges or legal scholars. Individuals who may have obtained law degrees o ...
*
List of African-American federal judges This is a list of African Americans who have served as United States federal judge In the United States, a federal judge is a judge who serves on a court established under Article Three of the U.S. Constitution. Often called "Article III ju ...
*
List of first minority male lawyers and judges in the United States This is a list of the first minority male lawyer(s) and judge(s) in each state. It includes the year in which the men were admitted to practice law (in parentheses). Also included are other distinctions such as the first minority men in their sta ...


References


Sources

* * {{DEFAULTSORT:McCree, Wade Hampton Jr. 1920 births 1987 deaths American Unitarian Universalists 20th-century American lawyers African Americans in World War II African-American judges United States Army personnel of World War II Boston Latin School alumni Burials at Woodlawn Cemetery (Detroit) Deaths from cancer in Michigan Fisk University alumni Harvard Law School alumni Judges of the United States Court of Appeals for the Sixth Circuit Judges of the United States District Court for the Eastern District of Michigan Lawyers from Detroit Solicitors general of the United States United States court of appeals judges appointed by Lyndon B. Johnson United States federal judges appointed by John F. Kennedy University of Michigan Law School faculty United States Army officers African-American United States Army personnel 20th-century African-American lawyers