World Library  
Flag as Inappropriate
Email this Article

Monroe G. McKay

Article Id: WHEBN0021826089
Reproduction Date:

Title: Monroe G. McKay  
Author: World Heritage Encyclopedia
Language: English
Subject: Stephanie Kulp Seymour, Michael R. Murphy, United States Court of Appeals for the Tenth Circuit, United States Court of Appeals for the Eleventh Circuit, United States Court of Appeals for the First Circuit
Collection: 1928 Births, 20Th-Century Mormon Missionaries, American Latter Day Saints, American Mormon Missionaries in South Africa, Brigham Young University Alumni, Brigham Young University Faculty, Judges of the United States Court of Appeals for the Tenth Circuit, Living People, McKay Family, People from Huntsville, Utah, United States Court of Appeals Judges Appointed by Jimmy Carter, United States Marines, University of Chicago Alumni, University of Chicago Law School Alumni
Publisher: World Heritage Encyclopedia

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
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.


  • Early life and education 1
  • Legal career 2
    • Professional history 2.1
  • Judicial career 3
    • Selected opinions 3.1
      • YOTL v Savage 3.1.1
      • Environment 3.1.2
      • Education 3.1.3
      • Negligence 3.1.4
      • Judicial philosophy 3.1.5
  • Personal life 4
  • Notes 5
  • External links 6

Early life and education

McKay was born in

Legal offices
Preceded by
David Lewis
Judge of the United States Court of Appeals for the Tenth Circuit
Succeeded by
Michael Murphy
Preceded by
William Holloway
Chief Judge of the United States Court of Appeals for the Tenth Circuit
Succeeded by
Stephanie Seymour

External links

  1. ^ [1]
  2. ^  
  3. ^ a b ":The U.S. Tenth Circuit Court of Appeals:. Judges". Retrieved 2013-08-16. 
  4. ^ "In the United States District Court for the District of Kansas". Retrieved 2013-08-16. 
  5. ^ "United States District Court for the District of Columbia". Retrieved 2013-08-16. 
  6. ^ [2]
  7. ^ "Brown v. Board of Education of Topeka | Civil Rights Litigation Clearinghouse". Retrieved 2013-08-16. 
  8. ^ [3]
  9. ^ "Allen v. United States, 816 F.2d 1417 (10th Cir. 1987)". 1987-04-20. Retrieved 2013-08-16. 
  10. ^ "Negligence Ruling On U.S. Atom Tests Overturned - New York Times". 1987-04-22. Retrieved 2013-08-16. 
  11. ^ "Thanks, Judge Monroe Mckay". Deseret News. 1993-11-24. Retrieved 2013-08-16. 
  12. ^ [4]


McKay met his wife, Lucille A. Kinnison, during his undergraduate years at BYU and married her August 6, 1954. They have nine children, five daughters and four sons.[12] He is a brother to Quinn G. McKay and K. Gunn McKay.

Personal life

McKay holds that the judiciary provides the cement that keeps a diversified society together. This means that though the judiciary is by nature conservative, occasionally it must strike out boldly. The prime responsibility of a judge is to maintain his integrity, and such integrity is essential in a system where the courts may be called upon to tell the rest of the country they cannot deprive an individual of his or her rights.[11]

Judicial philosophy

In 1987, the case of Allen v. United States[9] was heard by judges McKay, Seth and Logan. They overturned a Federal judge's ruling that government negligence in above-ground nuclear weapon tests from 1951 to 1962 caused cancer in some residents downwind from the Nevada test sites. After reviewing the case for more than 15 months, the three judges ruled unanimously that the Government could not be held liable for injuries suffered as a result of discretionary decision-making powers given the Atomic Energy Commission under the law. More than a thousand plaintiffs had filed lawsuits against the Government contending that radioactive fallout from the atomic tests had caused about 500 deaths and injuries. "While we have great sympathy for the individual cancer victims who have borne alone the costs of the A.E.C.'s choices, their plight is a matter for Congress," Chief Judge Monroe McKay wrote in an opinion that was part of the ruling.[10]


In 1989, in Brown v. Board of Education of Topeka Shawnee County Kansas,[7] a Federal appeals panel issued a revised opinion saying that the city of Topeka had not done enough to desegregate its schools since a 1954 U.S. Supreme court decision in Brown v. Board of Education. Judges Stephanie Seymour and Monroe McKay overturned, in a 2-to-1 ruling, a 1987 ruling by Federal District Judge Richard Rogers that Topeka schools were not responsible for lingering segregation because the Board of Education had not intended to keep the schools segregated. In the majority opinion, Judge Seymour wrote that Judge Rogers "erred by limiting the school district's burden merely to showing that it had nondiscriminatory reasons for acting as it did. As 30 years of desegregation law have made clear, the Constitution requires more than ceasing to promote segregation." The Tenth Circuit decision was subsequently vacated by the U.S. Supreme Court, which remanded the case to reconsider in light of recent Supreme Court decisions. On remand the Tenth Circuit reinstated its prior opinion in full, holding that the recent Supreme Court decisions did not dictate a different outcome. The supreme court declined review so the case returned to the district court, which issued a final order in 1999 dismissing the case.[8]


In Southern Utah Wilderness Alliance v BLM[5] SUWA was seeking to close some proposed wilderness areas in Utah to off-road vehicles. The Tenth Circuit said in a split decision that the federal court in Utah erred when it decided it lacked the jurisdiction to order the U.S. Bureau of Land Management to close the roads and remanded the case to district court for a de novo trial. The judges rejected the BLM's arguments about the scope of its discretion under federal wilderness laws and its assertion that courts don't have jurisdiction over the agency's daily decisions. The appeals court focused mainly on whether the U.S. District Court in Utah can get involved in the dispute. The appeals court did not address whether allowing off-road vehicle use will harm the proposed wilderness areas. The sites have been declared eligible to be federal wilderness areas. Under federal law, they must be managed as if they were official wilderness areas until Congress decides what to do with them. Motor vehicles, development and other activities are off-limits in wilderness areas. In a separate opinion, Judge Monroe McKay said the district court lacked jurisdiction in the dispute but environmental laws allow the groups to pursue their claims through the public comment process. The court decision resulted in the issuance of new guidelines to assist government land managers regarding roads across federally owned lands.[6]


McKay served on a three judge panel in the case of Yes on Term Limits v Savage[4] 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.

YOTL v Savage

Selected opinions

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.[3]

Judicial career

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.

Professional history

Legal career


This article was sourced from Creative Commons Attribution-ShareAlike License; additional terms may apply. World Heritage Encyclopedia content is assembled from numerous content providers, Open Access Publishing, and in compliance with The Fair Access to Science and Technology Research Act (FASTR), Wikimedia Foundation, Inc., Public Library of Science, The Encyclopedia of Life, Open Book Publishers (OBP), PubMed, U.S. National Library of Medicine, National Center for Biotechnology Information, U.S. National Library of Medicine, National Institutes of Health (NIH), U.S. Department of Health & Human Services, and, which sources content from all federal, state, local, tribal, and territorial government publication portals (.gov, .mil, .edu). Funding for and content contributors is made possible from the U.S. Congress, E-Government Act of 2002.
Crowd sourced content that is contributed to World Heritage Encyclopedia is peer reviewed and edited by our editorial staff to ensure quality scholarly research articles.
By using this site, you agree to the Terms of Use and Privacy Policy. World Heritage Encyclopedia™ is a registered trademark of the World Public Library Association, a non-profit organization.

Copyright © World Library Foundation. All rights reserved. eBooks from Project Gutenberg are sponsored by the World Library Foundation,
a 501c(4) Member's Support Non-Profit Organization, and is NOT affiliated with any governmental agency or department.