Theodore McKee

Theodore Alexander McKee (born June 5, 1947, in Rochester, New York) is a Senior United States circuit judge of the United States Court of Appeals for the Third Circuit. He previously served on the Philadelphia Court of Common Pleas in the First Judicial District of Pennsylvania.

Theodore McKee
Senior Judge of the United States Court of Appeals for the Third Circuit
Assumed office
October 20, 2022
Chief Judge of the United States Court of Appeals for the Third Circuit
In office
May 6, 2010 – October 1, 2016
Preceded byAnthony Joseph Scirica
Succeeded byD. Brooks Smith
Judge of the United States Court of Appeals for the Third Circuit
In office
June 9, 1994 – October 20, 2022
Appointed byBill Clinton
Preceded byA. Leon Higginbotham Jr.
Succeeded byArianna J. Freeman
Personal details
Born
Theodore Alexander McKee

(1947-06-05) June 5, 1947
Rochester, New York
EducationState University of New York at Cortland (BA)
Syracuse University (JD)

Education

McKee received a Bachelor of Arts degree from the State University of New York at Cortland in 1969 and earned his Juris Doctor from Syracuse University College of Law where he was an honor student graduating in 1975 magna cum laude and as a member of the Order of the Coif and the Justinian Honor Society.[1]

McKee was in private practice in Philadelphia, Pennsylvania from 1975 to 1977. From 1977 to 1980 he served as an Assistant United States Attorney in the Eastern District of Pennsylvania. He began in the General Crimes Unit, moved to the Narcotics and Firearms Unit, and finally worked in the Political Corruption Unit. In his first year as an AUSA, McKee investigated allegations of police brutality before a special grand jury, as part of a nationwide probe into police brutality by the United States Civil Rights Commission.[2]

In 1980, McKee became a Deputy City Solicitor in the Philadelphia City Solicitor's office, where he remained until 1983 when he became General Counsel for the Philadelphia Parking Authority.

Judicial career

State court judicial career

In 1984, McKee was elected as a Judge on the Philadelphia Court of Common Pleas, where he served until 1994.

Federal judicial service

President Bill Clinton nominated Judge McKee to the United States Court of Appeals for the Third Circuit on March 22, 1994, to a seat vacated by Judge A. Leon Higginbotham Jr. McKee was confirmed by the United States Senate on June 8, 1994, and received his commission on June 9, 1994. He served as Chief Judge from May 6, 2010 to October 1, 2016.[3][4]

In July 2018, McKee wrote for a unanimous panel when it upheld a Boyertown Area School District policy guaranteeing transgender students use of their preferred locker room.[5][6]

In 2021, he announced that he is going to assume senior status after being on the federal bench for 27 years.[7] He assumed senior status on October 20, 2022 when his successor received commission.[3]

Law reform work

McKee is an elected member of the American Law Institute and serves as an Adviser on ALI's project to revise the Sentencing provisions of the Model Penal Code.[8]

See also

References
  1. Conrad, Robert (17 May 2022). "New Law Scholarship Honors the Ongoing Legacy of the Hon. Theodore A. McKee L'75". Syracuse University News. Retrieved 20 May 2022.
  2. White House Announcement of Judge McKee's nomination to the Third Circuit, available at http://www.ibiblio.org/pub/archives/whitehouse-papers/1994/Mar/1994-03-22-President-Clinton-Names-Seven-Federal-Judges
  3. Theodore McKee at the Biographical Directory of Federal Judges, a public domain publication of the Federal Judicial Center.
  4. "Press Release: "JUDGE SMITH TO SUCCEED CHIEF JUDGE McKEE AS CHIEF JUDGE OF THE THIRD CIRCUIT", United States Court of Appeals for the Third Circuit, September 30, 2016" (PDF).
  5. Note, Recent Case: Third Circuit Holds that Allowing Transgender Students to Use Their Preferred Sex-Segregated Spaces Does Not Violate Cisgender Students’ Right to Privacy, 132 Harv. L. Rev. 2058 (2019).
  6. Doe ex rel. Doe v. Boyertown Area School District, 276 F.3d 518 (3d Cir. 2018).
  7. Zoppo, Avalon (August 5, 2021). "Judge Theodore McKee Taking Senior Status, Giving Biden His First Vacancy on 3rd Circuit". National Law Journal. Retrieved 20 May 2022.
  8. "Model Penal Code: Sentencing - List of project participants". Archived from the original on 2014-04-15.


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