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Monroe G. McKay

Monroe McKay
Chief Judge of the United States Court of Appeals for the Tenth Circuit
In office
September 1991 – December 31, 1993
Preceded by William Holloway
Succeeded by Stephanie Seymour
Judge of the United States Court of Appeals for the Tenth Circuit
In office
December 1, 1977 – December 31, 1993
Appointed by Jimmy Carter
Preceded by David Lewis
Succeeded by Michael Murphy
Personal details
Born (1928-05-30) May 30, 1928 (age 88)
Huntsville, Utah, U.S.
Spouse(s) Lucille A. Kinnison
Children 9
Alma mater Brigham Young University, Utah
University of Chicago
Religion The Church of Jesus Christ of Latter-day Saints (Mormon)

Monroe Gunn McKay (born May 30, 1928) is a Federal Appeals Judge with the United States Court of Appeals for the Tenth Circuit based in Denver, which hears cases from Oklahoma, Colorado, Kansas, Utah, New Mexico and Wyoming.

McKay was born in Huntsville, Utah in 1928. McKay served in the U.S. Marine Corps from 1946 to 1948. In 1950 McKay served as an LDS missionary in South Africa, returning home in 1952. McKay received a bachelor of science from Brigham Young University in 1957 and a juris doctor degree from the University of Chicago Law School in 1960. He is a member of several different organizations, such as Phi Kappa Phi honor society, Order of the Coif, the American Judicature Society, and the American Law Institute.

McKay began his legal career as a law clerk to State Supreme Court Justice Jesse Addison Udall in the Supreme Court of Arizona from 1960 to 1961, before becoming a private attorney licensed in the State of Arizona. He was an associate at the Phoenix Arizona law firm of Lewis and Roca from 1961 to 1966. He became a partner in 1968 and continued working there until 1974. From 1966 to 1968, McKay went overseas to be the Director of the Peace Corps based in Malawi, Africa. McKay also worked in the academic arena as a law professor at the J. Reuben Clark college of Law at Brigham Young University from 1976 to 1977.

On November 2, 1977, McKay was nominated by President Jimmy Carter to a seat on the United States Court of Appeals for the Tenth Circuit vacated by David Thomas Lewis. He was confirmed by the United States Senate on November 29, 1977, and received his commission on December 1, 1977. He served as chief judge from 1991 to 1993, assuming senior status on December 31, 1993.

McKay served on a three judge panel in the case of Yes on Term Limits v Savage which was a federal lawsuit challenging Oklahoma's residency requirements for petition circulators. On December 18, 2008, McKay and his fellow judges issued a unanimous decision in the case, saying that Oklahoma's residency restriction is an unconstitutional violation of First Amendment speech rights. The decision of the Tenth Circuit overturned a lower federal court decision. This decision was significant because it was third federal circuit court decision that invalidated a state residency requirement in 2008, preceded by the Sixth Circuit ruling that Michigan's residency requirement is unconstitutional in Bogaert v. Land in August, and the Ninth Circuit ruling that Arizona's residency requirement is unconstitutional in Nader v. Brewer in July.


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