Theodore McKee

Nomination Tracker
Nominee Information
	Name: Theodore Alexander McKee
	Court: United States Court of Appeals for the 3rd Circuit
Progress
	Confirmed 78 days after nomination.
	Nominated: March 22, 1994
	ABA Rating: Substantial Majority Qualified, Minority Not Qualified
	Questionnaire:
	Hearing: May 12, 1994
	QFRs: (Hover over QFRs to read more)
	Reported: May 25, 1994
	Confirmed: June 8, 1994
	Vote: Voice vote

Theodore Alexander McKee is a federal judge on senior status with the United States Court of Appeals for the 3rd Circuit based in Philadelphia. He joined the court in 1994 after being nominated by President Bill Clinton. McKee served as chief judge of the circuit court from 2010 to 2016.^[1] He assumed senior status on October 20, 2022.^[2]

Arianna Freeman was nominated by President Joe Biden to replace McKee on the United States Court of Appeals for the 3rd Circuit. She received commission on October 20, 2022.^[3]

Early life and education

A native of Rochester, New York, McKee graduated from the State University of New York at Cortland with his bachelor's degree in 1969 and from Syracuse University College of Law with his J.D. in 1975.^[1]

Professional career

1994-2022: United States Court of Appeals for the 3rd Circuit
- 2022-present: Senior judge
- 2010-2016: Chief judge
- 1994-2022: Judge
1984-1994: Judge, Philadelphia County Court of Common Pleas, Pennsylvania
1983: General counsel, Philadelphia Parking Authority
1980-1991: Lecturer, Rutgers Law School
1980-1983: Deputy city solicitor, City of Philadelphia, Pa.
1977-1980: Assistant U.S. attorney, Eastern District of Pennsylvania
1975-1977: Private practice, Philadelphia, Pa.^[1]

Judicial career

Third Circuit Court of Appeals

McKee was nominated by President Bill Clinton on March 22, 1994, to a seat vacated by Leon Higginbotham, Jr.. The American Bar Association rated McKee Substantial Majority Qualified, Minority Not Qualified for the nomination.^[4] Hearings on McKee's nomination were held before the United States Senate Committee on the Judiciary on May 12, 1994, and his nomination was reported by then-U.S. Sen. Joseph Biden (D-Del.) on May 25, 1994. McKee was confirmed on a voice vote of the U.S. Senate on June 8, 1994, and he received his commission the next day. From 2010 to 2016, McKee served as chief judge of the Third Circuit.^[1]^[5]

Noteworthy cases

Delaware sports betting case (2009)

See also: United States Court of Appeals for the 3rd Circuit (OFC Commissioner of Baseball, et al, v. Jack Markell, et al,, 09-3297)

Judge McKee was part of a three judge panel that heard a case about whether the State of Delaware had legal standing to expand sports betting. The panel ruled on September 1, 2009, that the State of Delaware can offer sports betting on parlays (multiple games), but ruled that betting on individual games including football, basketball, and hockey is illegal under federal law. The ruling from the Third Circuit affirmed Judge Greg Sleet's ruling that Delaware was limited to offering sports betting for multiple games. This is consistent with a 1976 law that outlaws wagering on individual games.^[6]^[7]