Wade Hampton McCree Jr.

Wade Hampton McCree Jr. was a distinguished American jurist and legal scholar who served as a judge on the United States Court of Appeals for the Sixth Circuit from 1966 to 1977. Born on July 3, 1920, in Des Moines, Iowa, and passing away on August 30, 1987, McCree made history as the first African American appointed to the Sixth Circuit. His career in public service spanned several decades and included service as a state trial judge, a federal district judge, a federal appellate judge, and later as the second African American to serve as United States Solicitor General. After leaving government service, he joined the faculty of the University of Michigan Law School, where he taught until his death.

Early life and legal career

Wade Hampton McCree Jr. was born into a family that valued education and perseverance. His father, Wade Hampton McCree Sr., was a Fisk University graduate who had worked as a butler to finance his education and went on to become the first African American pharmacist and pharmacy owner in Iowa. The elder McCree later broke additional barriers by becoming the first African American narcotics inspector for the Food and Drug Administration. Growing up primarily in Boston, the younger McCree attended the prestigious Boston Latin School, which provided him with a rigorous classical education.

Following in his father's footsteps, McCree worked his way through Fisk University, where he distinguished himself academically. He was elected to the Phi Beta Kappa honor society and graduated summa cum laude in 1941 with an Artium Baccalaureus degree. His education was interrupted by World War II, during which he served for four years as a Captain in the United States Army. After completing his military service, McCree pursued legal education at Harvard Law School, one of the nation's most prestigious law schools. He excelled there as well, graduating twelfth in his class in 1948 with a Bachelor of Laws degree.

After law school, McCree and his wife Dores, a Simmons College graduate, relocated to her hometown of Detroit, Michigan, where they would raise three children. McCree began his legal career practicing at Bledsoe & Taylor, a Black law firm in Detroit, from 1948 to 1952. His transition to public service began in 1953 when Michigan Governor G. Mennen Williams appointed him to the Workman's Compensation Commission. This appointment marked the beginning of a long and distinguished career in the judiciary. In 1954, McCree achieved another milestone when he became the first African American appointed to the Circuit Court for Wayne County, Michigan, where he served until 1961.

McCree's federal judicial career began when President John F. Kennedy nominated him to the United States District Court for the Eastern District of Michigan on September 18, 1961. The Senate confirmed him on September 23, 1961, and he received his commission on September 29, 1961, becoming the first African American to serve on that court. His appointment to a newly authorized seat represented a significant step forward in the integration of the federal judiciary. He served with distinction on the district court for five years.

Federal appellate service

On August 16, 1966, President Lyndon B. Johnson, a Democrat, nominated McCree to the United States Court of Appeals for the Sixth Circuit. The nomination was to fill a newly authorized seat, and the Senate confirmed him on September 7, 1966. He received his commission the same day, again making history as the first African American to serve on the Sixth Circuit. The Sixth Circuit, which hears appeals from federal district courts in Michigan, Ohio, Kentucky, and Tennessee, provided McCree with a broader platform to influence federal law across multiple states.

During his tenure on the Sixth Circuit, which lasted from 1966 to 1977, McCree was known for his thoughtful approach to the law and his willingness to address difficult issues, including matters of race and justice. When confronted by a lawyer who suggested he could not impartially decide a case involving both Black and white litigants, McCree responded with a statement that challenged assumptions about judicial impartiality and race. He asserted that it represented the ultimate arrogance for a white person to assume that another white person could make judgments without being influenced by race while believing that a Black person could not do the same.

Beyond his judicial duties, McCree was deeply committed to education and equal opportunity. When his eldest daughter, Kathleen McCree Lewis, was denied admission to an all-girls school in Detroit because of her race, McCree responded by founding the interracial Friends School in 1965. This institution reflected his commitment to integrated education and equal access to quality schooling. He also helped establish the statewide Higher Education Opportunity Committee, a program designed to identify promising middle school students and provide them with college scholarships, thereby expanding educational opportunities for young people who might otherwise lack access to higher education.

McCree's service on the Sixth Circuit concluded on March 28, 1977, when he resigned to accept an appointment from President Jimmy Carter, a Democrat, to serve as United States Solicitor General. In this role, McCree became the second African American to hold the position, serving as the federal government's chief appellate lawyer and representing the administration in cases before the United States Supreme Court.

Jurisprudence and legacy

As Solicitor General, McCree held a position sometimes referred to as the "Tenth Justice" due to the office's unique relationship with the Supreme Court. He personally argued twenty-five cases before the Court during his four-year tenure. Among the significant matters he handled were high-profile cases that shaped American law and policy. He argued in the case involving the Richard Nixon presidential tapes, a matter of profound constitutional importance arising from the Watergate scandal. He also represented the government's position in Regents of the University of California v. Bakke, a landmark affirmative action case. In that case, McCree argued that race could be considered as one factor in medical school admissions decisions. He expressed his support for special admissions programs while noting that individuals who could succeed without such programs should not become dependent on them.

McCree served as Solicitor General until June 1981, remaining in office through the end of the Supreme Court's term even after Republican President Ronald Reagan took office. Chief Justice Warren Burger had privately indicated his preference that McCree not be replaced until the term concluded, a testament to the respect McCree commanded from the Court. After resigning his commission as Solicitor General, McCree joined the faculty of the University of Michigan Law School as the Lewis M. Simes Professor of Law. He taught there from 1981 until his death, sharing his extensive knowledge and experience with a new generation of lawyers. During these years, he also served as a consultant on various legal matters and acted as Special Master for Supreme Court cases of original jurisdiction, continuing to contribute to the administration of justice.

McCree died on August 30, 1987, at the age of sixty-seven at Henry Ford Hospital in Detroit. He had been suffering from bone cancer and a heart ailment. At his memorial service, President Carter honored him as "a true American hero," recognizing his groundbreaking career and contributions to American law and justice. McCree was interred at Woodlawn Cemetery.

His legacy extended through his family as well. His daughter, Kathleen McCree Lewis, was nominated by President Bill Clinton, a Democrat, to the United States Court of Appeals for the Sixth Circuit in 1999, though the Senate did not act on her nomination. His son, Wade Harper McCree III, served as a judge on the 3rd Circuit Court in Wayne County, Michigan, from 2006 until 2013. Throughout his career, Wade Hampton McCree Jr. broke barriers, served with distinction, and worked to expand opportunities for others, leaving an enduring mark on the American legal system.