Roger L. Gregory
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Roger L. Gregory (born July 17, 1953) is an American lawyer who serves as the Chief United States circuit judge of the United States Court of Appeals for the Fourth Circuit.


Background

Gregory was born in Philadelphia, Pennsylvania but grew up in
Petersburg Petersburg, or Petersburgh, may refer to: Places Australia *Petersburg, former name of Peterborough, South Australia Canada * Petersburg, Ontario Russia *Saint Petersburg, sometimes referred to as Petersburg United States *Peterborg, U.S. Virg ...
, Virginia. He earned his Bachelor of Arts degree ''
summa cum laude Latin honors are a system of Latin phrases used in some colleges and universities to indicate the level of distinction with which an academic degree has been earned. The system is primarily used in the United States. It is also used in some Sou ...
'' from Virginia State University in 1975 and his
Juris Doctor The Juris Doctor (J.D. or JD), also known as Doctor of Jurisprudence (J.D., JD, D.Jur., or DJur), is a graduate-entry professional degree in law and one of several Doctor of Law degrees. The J.D. is the standard degree obtained to practice law ...
from the University of Michigan Law School in 1978. He worked as an associate for Butzel Long and
Hunton & Williams Hunton Andrews Kurth LLP is an American law firm created by the merger of Hunton & Williams LLP and Andrews Kurth Kenyon LLP on April 2, 2018. The firm has offices in 20 cities, primarily in the United States. History Hunton & Williams (formerl ...
from 1978 until 1982. He co-founded the
Richmond Richmond most often refers to: * Richmond, Virginia, the capital of Virginia, United States * Richmond, London, a part of London * Richmond, North Yorkshire, a town in England * Richmond, British Columbia, a city in Canada * Richmond, California, ...
, Virginia law firm of Wilder & Gregory in 1982 with
L. Douglas Wilder Lawrence Douglas Wilder (born January 17, 1931) is an American lawyer and politician who served as the 66th Governor of Virginia from 1990 to 1994. He was the first African American to serve as governor of a U.S. state since the Reconstruction ...
(the first African-American to be elected governor in the United States), and became the chair of its litigation section in 1985. Gregory is also a member of several fraternal organizations, including
Omega Psi Phi Omega Psi Phi Fraternity, Inc. () is a historically African-American fraternity. The fraternity was founded on November 17, 1911, by three Howard University juniors Edgar Amos Love, Oscar James Cooper and Frank Coleman, and their faculty advi ...
fraternity, and Sigma Pi Phi fraternity.


Federal judicial service

On June 30, 2000, President Bill Clinton nominated Gregory to a seat on the United States Court of Appeals for the Fourth Circuit that had been vacant for close to a decade since it had been created (the Senate had never acted on Clinton's previous nominee to that seat,
J. Rich Leonard J. Rich Leonard (born 1949) is the dean of the Norman Adrian Wiggins School of Law since July 2013. He previously served as a U.S. bankruptcy judge for the Eastern District of North Carolina and was chief judge from 1998 until 2005. Leonard was a ...
). After the Senate declined to take up Gregory's nomination, and the 2000 presidential election was already over, Clinton installed Gregory on the Fourth Circuit on December 27, 2000, via a recess appointment, which would have lasted only until the end of the 2001 Congressional session. However, he was renominated by newly elected President
George W. Bush George Walker Bush (born July 6, 1946) is an American politician who served as the 43rd president of the United States from 2001 to 2009. A member of the Republican Party, Bush family, and son of the 41st president George H. W. Bush, he ...
on May 9, 2001. The Senate confirmed Gregory on July 20, 2001, by a 93–1 vote, with Trent Lott of Mississippi casting the lone dissenting vote because he objected to Clinton's use of his recess appointment power. Gregory was the first judge nominated to the Fourth Circuit by Bush and confirmed by the United States Senate and is the first black judge to serve on the Fourth Circuit. He received his commission on July 25, 2001. Gregory became chief judge on July 8, 2016.


Notable opinions

On July 28, 2014, Judge Gregory joined the majority opinion with
Henry Franklin Floyd Henry Franklin Floyd (born November 5, 1947) is a senior United States circuit judge of the United States Court of Appeals for the Fourth Circuit. Early life and education Born on November 5, 1947, in Brevard, North Carolina, Floyd received ...
in '' Bostic v. Schaefer'' that declared Virginia's ban on same-sex marriage unconstitutional. This decision led to the legalization of same-sex marriage in Virginia as well as all other states throughout the Fourth Circuit. On May 25, 2017, Judge Gregory wrote for the majority when the '' en banc'' circuit upheld a lower court's injunction blocking the President's
travel ban A travel ban is one of a variety of mobility restrictions imposed by governments. Bans can be universal or selective. The restrictions can be geographic, imposed by either the originating or destination jurisdiction. They can also be based on indiv ...
by a 10-3 vote in ''
International Refugee Assistance Project v. Trump ''International Refugee Assistance Project v. Trump'', 857 F. 3d 554 ( 4th Cir. 2017), was a 2017 decision of the United States Court of Appeals for the Fourth Circuit, sitting ''en banc'', upholding an injunction against enforcement of Executi ...
''. In October 2017, Gregory dissented when the panel majority found that the Bladensburg
Peace Cross The Peace Cross is a World War I memorial located in Bladensburg, Maryland. Standing in height, the large cross, is made of tan concrete with exposed pink granite aggregate; the arms of the cross are supported by unadorned concrete arches. Erec ...
memorial from World War I now violated the Constitution's Establishment Clause, and he wrote another dissent when the circuit denied rehearing '' en banc''. The circuit's judgement was then reversed by the
Supreme Court of the United States The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...
in ''
American Legion v. American Humanist Association ''American Legion v. American Humanist Association'', 588 U.S. ___ (2019), was a United States Supreme Court case dealing with the separation of church and state related to maintaining the Peace Cross, a World War I memorial shaped after a Latin ...
'' (2019).


See also

*
Bill Clinton judicial appointment controversies During President Bill Clinton's first and second terms of office, he nominated 24 people for 20 federal appellate judgeships but the nominees were not processed by the Republican-controlled Senate Judiciary Committee. Three of the nominees who wer ...
*
George W. Bush judicial appointment controversies During President George W. Bush's two term tenure in office, a few of his nominations for federal judgeships were blocked by the Senate Democrats either directly in the Senate Judiciary Committee or on the full Senate floor in various procedura ...
* List of African-American jurists *
List of first minority male lawyers and judges in the United States This is a list of the first minority male lawyer(s) and judge(s) in each state. It includes the year in which the men were admitted to practice law (in parentheses). Also included are other distinctions such as the first minority men in their stat ...
*
List of first minority male lawyers and judges in Virginia This is a list of the first minority male lawyer(s) and judge(s) in Virginia. It includes the year in which the men were admitted to practice law (in parentheses). Also included are men who achieved other distinctions such becoming the first in the ...


References


External links

* *
''New York Times'' article discussing Clinton's recess appointment.''National Review'' article discussing Bush re-nomination of Gregory.
{{DEFAULTSORT:Gregory, Roger 1953 births 21st-century American judges African-American lawyers African-American judges Judges of the United States Court of Appeals for the Fourth Circuit Living people People from Petersburg, Virginia Lawyers from Philadelphia Recess appointments United States court of appeals judges appointed by Bill Clinton United States court of appeals judges appointed by George W. Bush University of Michigan Law School alumni Virginia lawyers Virginia State University alumni