Wade Hampton McCree Jr. (July 3, 1920 – August 30, 1987) was an American attorney, judge, public official and

law professor A jurist is a person with expert knowledge of law; someone who analyses and comments on law. This person is usually a specialist legal scholar, mostly (but not always) with a formal qualification in law and often a legal practitioner. In the Uni ...

. He was the first

African American African Americans (also referred to as Black Americans and Afro-Americans) are an ethnic group consisting of Americans with partial or total ancestry from sub-Saharan Africa. The term "African American" generally denotes descendants of ens ...

appointed as 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 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 ...

and the second African-American

United States Solicitor General The solicitor general of the United States is the fourth-highest-ranking official in the United States Department of Justice. Elizabeth Prelogar has been serving in the role since October 28, 2021. The United States solicitor general represent ...

in the history of the United States. He joined the faculty of the

University of Michigan Law School The University of Michigan Law School (Michigan Law) is the law school of the University of Michigan, a Public university, public research university in Ann Arbor, Michigan. Founded in 1859, the school offers Master of Laws (LLM), Master of C ...

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 capital and the most populous city in the U.S. state of Iowa. It is also the county seat of Polk County. A small part of the city extends into Warren County. It was incorporated on September 22, 1851, as Fort Des Moines, ...

, to Wade Hampton McCree Sr., a graduate of

Fisk University Fisk University is a private historically black liberal arts college in Nashville, Tennessee. It was founded in 1866 and its campus is a historic district listed on the National Register of Historic Places. In 1930, Fisk was the first Africa ...

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 (), officially the City of Boston, is the state capital and most populous city of the Commonwealth of Massachusetts, as well as the cultural and financial center of the New England region of the United States. It is the 24th- mo ...

, and attended the prestigious

Boston Latin School The Boston Latin School is a public exam school in Boston, Massachusetts. It was established on April 23, 1635, making it both the oldest public school in the British America and the oldest existing school in the United States. Its curriculum f ...

. 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, and the most prestigious, due in part to its long history and academic selectivity. Phi Beta Kappa aims to promote and advocate excellence in the liberal a ...

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 Sou ...

'' 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 land service branch of the United States Armed Forces. It is one of the eight U.S. uniformed services, and is designated as the Army of the United States in the U.S. Constitution.Article II, section 2, cla ...

during

World War II World War II or the Second World War, often abbreviated as WWII or WW2, was a world war that lasted from 1939 to 1945. It involved the vast majority of the world's countries—including all of the great powers—forming two opposin ...

, McCree entered

Harvard Law School Harvard Law School (Harvard Law or HLS) is the law school of Harvard University, a private research university in Cambridge, Massachusetts. Founded in 1817, it is the oldest continuously operating law school in the United States. Each class ...

and graduated 12th in his class in 1948 with a

Bachelor of Laws Bachelor of Laws ( la, Legum Baccalaureus; LL.B.) is an undergraduate law degree in the United Kingdom and most common law jurisdictions. Bachelor of Laws is also the name of the law degree awarded by universities in the People's Republic of Chi ...

. McCree and his wife, Dores, a graduate of

Simmons College Institutions of learning called Simmons College or Simmons University include: * Simmons University, a women's liberal arts college in Boston, Massachusetts * Simmons College of Kentucky, a historically black college in Louisville, Kentucky * Har ...

, then moved to her hometown of

Detroit Detroit ( , ; , ) is the largest city in the U.S. state of Michigan. It is also the largest U.S. city on the United States–Canada border, and the seat of government of Wayne County. The City of Detroit had a population of 639,111 at th ...

Michigan Michigan () is a state in the Great Lakes region of the upper Midwestern United States. With a population of nearly 10.12 million and an area of nearly , Michigan is the 10th-largest state by population, the 11th-largest by area, and the ...

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 List of governors of Michigan, 41st governor of Michigan, elected in 1948 and serving six two-year terms in office. He lat ...

. 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), often referred to by his initials JFK and the nickname Jack, was an American politician who served as the 35th president of the United States from 1961 until his assassination ...

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 of the eastern half of the Lower Peninsula of the State o ...

, to a new seat authorized by 75 Stat. 80. He was 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 ...

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), often referred to by his initials LBJ, was an American politician who served as the 36th president of the United States from 1963 to 1969. He had previously served as the 37th vice ...

on August 16, 1966, to the

, 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. (born October 1, 1924) is an American politician who served as the 39th president of the United States from 1977 to 1981. A member of the Democratic Party (United States), Democratic Party, he previously served as th ...

appointed him

. As Solicitor General, McCree served as the head appellate lawyer for the

United States Government The federal government of the United States (U.S. federal government or U.S. government) is the national government of the United States, a federal republic located primarily in North America, composed of 50 states, a city within a fede ...

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 involve a point o ...

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 to 1974. A member of the Republican Party, he previously served as a representative and senator from California and was ...

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) involved a dispute of whether preferential treatment for minorities can reduce educational opportunities for whites without violating the Constitution. The case was a la ...

'' affirmative action 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, or part of such an institution, that teaches medicine, and awards a professional degree for physicians. Such medical degrees include the Bachelor of Medicine, Bachelor of Surgery (MBBS, M ...

. 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 Republican can refer to: Political ideology * An advocate of a republic, a type of government that is not a monarchy or dictatorship, and is usually associated with the rule of law. ** Republicanism, the ideology in support of republics or agains ...

President

Ronald Reagan Ronald Wilson Reagan ( ; February 6, 1911June 5, 2004) was an American politician, actor, and union leader who served as the 40th president of the United States from 1981 to 1989. He also served as the 33rd governor of California from 1967 ...

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 generally a subordinate 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 jud ...

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 Sup ...

Death

McCree died on August 30, 1987, at age 67 of

bone cancer A bone tumor is an abnormal growth of tissue in bone, traditionally classified as noncancerous (benign) or cancerous (malignant). Cancerous bone tumors usually originate from a cancer in another part of the body such as from lung, breast, thyro ...

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 area in Detroit, Michigan. The flagship facility for the Henry Ford Health System, it was one of the first hos ...

in Detroit, Michigan. President Carter said at his memorial service that McCree was "a true American hero". McCree is interred at Woodlawn Cemetery.

Legacy

McCree's daughter,

, was nominated by President

Bill Clinton William Jefferson Clinton ( né Blythe III; born August 19, 1946) is an American politician who served as the 42nd president of the United States from 1993 to 2001. He previously served as governor of Arkansas from 1979 to 1981 and agai ...

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 in the U.S. state of Michigan. As of 2020, the United States Census placed its population at 1,793,561, making it the 19th-most populous county in the United States. The county seat is Detroit. The coun ...

, 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>

References

Sources

* * * {{DEFAULTSORT:McCree, Wade Hampton Jr. 1920 births 1987 deaths American Unitarian Universalists African-American lawyers 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 United States Solicitors General 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