Raymond W. Gruender (born July 5, 1963) is a

United States circuit judge In the United States, federal judges are judges who serve on courts established under Article Three of the U.S. Constitution. They include the chief justice and the associate justices of the U.S. Supreme Court, the circuit judges of the U.S. Cou ...

of the

United States Court of Appeals for the Eighth Circuit The United States Court of Appeals for the Eighth Circuit (in case citations, 8th Cir.) is a United States federal court with appellate jurisdiction over the following United States district courts: * Eastern District of Arkansas * Western Dis ...

Education and early career

Gruender was born in

St. Louis St. Louis () is the second-largest city in Missouri, United States. It sits near the confluence of the Mississippi and the Missouri Rivers. In 2020, the city proper had a population of 301,578, while the bi-state metropolitan area, which e ...

Missouri Missouri is a U.S. state, state in the Midwestern United States, Midwestern region of the United States. Ranking List of U.S. states and territories by area, 21st in land area, it is bordered by eight states (tied for the most with Tennessee ...

. He graduated from the prestigious

Jesuit , image = Ihs-logo.svg , image_size = 175px , caption = ChristogramOfficial seal of the Jesuits , abbreviation = SJ , nickname = Jesuits , formation = , founders ...

, all-boy college

College-preparatory school A college-preparatory school (usually shortened to preparatory school or prep school) is a type of secondary school. The term refers to public, private independent or parochial schools primarily designed to prepare students for higher education ...

, St. Louis University High School, in 1981. He then attended

Washington University in St. Louis Washington University in St. Louis (WashU or WUSTL) is a private research university with its main campus in St. Louis County, and Clayton, Missouri. Founded in 1853, the university is named after George Washington. Washington University is r ...

and

Washington University School of Law Washington University in St. Louis School of Law (WashULaw) is the law school of Washington University in St. Louis, a private university in St. Louis, Missouri. WashULaw has consistently ranked among the top law schools in the country; it is ...

and earned three degrees: a

Bachelor of Arts Bachelor of arts (BA or AB; from the Latin ', ', or ') is a bachelor's degree awarded for an undergraduate program in the arts, or, in some cases, other disciplines. A Bachelor of Arts degree course is generally completed in three or four years ...

, a

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 ...

, and a

Master of Business Administration A Master of Business Administration (MBA; also Master's in Business Administration) is a postgraduate degree focused on business administration. The core courses in an MBA program cover various areas of business administration such as accounti ...

. In 2006, he received the Distinguished Young Alumni Award from the law school. Prior to joining the federal bench, Gruender worked as an attorney both in private practice and public service. After law school, he was in private practice at Lewis, Rice & Fingersh from 1987 to 1990, at which point he became an

Assistant United States Attorney An assistant United States attorney (AUSA) is an official career civil service position in the U.S. Department of Justice composed of lawyers working under the U.S. Attorney of each U.S. federal judicial district. They represent the federal gove ...

for the Eastern District of Missouri. In 1994, he ran for election as St. Louis County

Prosecuting Attorney A prosecutor is a legal representative of the prosecution in states with either the common law adversarial system or the civil law inquisitorial system. The prosecution is the legal party responsible for presenting the case in a criminal tria ...

and lost to the incumbent. He then returned to private practice at

Thompson Coburn Thompson Coburn LLP is a United States, U.S. law firm with offices in Chicago, Dallas, Los Angeles, New York City, New York, Southern Illinois, St. Louis and Washington, D.C. The firm has been especially active in the field of product liability. ...

. In 1996, he was the Missouri state campaign director for

Bob Dole Robert Joseph Dole (July 22, 1923 – December 5, 2021) was an American politician and attorney who represented Kansas in the United States Senate from 1969 to 1996. He was the Republican Leader of the Senate during the final 11 years of his te ...

's president campaign. In 2000, he left Thompson Coburn to rejoin the United States Attorneys' Office, and in 2001 he became the

United States Attorney United States attorneys are officials of the U.S. Department of Justice who serve as the chief federal law enforcement officers in each of the 94 U.S. federal judicial districts. Each U.S. attorney serves as the United States' chief federal c ...

for the Eastern District of Missouri, a position he remained in until his confirmation to the Eighth Circuit in 2004.

Federal judicial service

Gruender was nominated to the Eighth Circuit by 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 September 29, 2003 to fill a seat vacated by Judge

Pasco Bowman II Pasco Middleton Bowman II (born December 20, 1933) is an American attorney and jurist serving as a senior United States circuit judge of the United States Court of Appeals for the Eighth Circuit. Early life and education Bowman was born in Har ...

. The

United States Senate The United States Senate is the upper chamber of the United States Congress, with the House of Representatives being the lower chamber. Together they compose the national bicameral legislature of the United States. The composition and pow ...

confirmed him almost eight months later on May 20, 2004 by a 97–1 vote, with the only vote against his confirmation coming from U.S. Senator

Tom Harkin Thomas Richard Harkin (born November 19, 1939) is an American lawyer, author, and politician who served as a United States senator from Iowa from 1985 to 2015. A member of the Democratic Party, he previously was the U.S. representative for Iowa' ...

. Gruender received his commission on June 5, 2004.

Jurisprudence

Gruender authored the Eighth Circuit's opinion in ''In Re Union Pacific Railroad Employment Practices Litigation'', No. 06-1706, which concluded that the

Pregnancy Discrimination Act of 1978 The Pregnancy Discrimination Act (PDA) of 1978 () is a United States federal statute. It amended Title VII of the Civil Rights Act of 1964 to "prohibit sex discrimination on the basis of pregnancy." The Act covers discrimination "on the basis of ...

did not give female employees the right to insurance coverage for contraceptives used solely to prevent pregnancy. This opinion has been cited in the context of the debate over the

Patient Protection and Affordable Care Act The Affordable Care Act (ACA), formally known as the Patient Protection and Affordable Care Act and colloquially known as Obamacare, is a landmark U.S. federal statute enacted by the 111th United States Congress and signed into law by Presi ...

contraception mandate A contraceptive mandate is a government regulation or law that requires health insurers, or employers that provide their employees with health insurance, to cover some contraceptive costs in their health insurance plans. In 1978, the United States ...

. In ''Planned Parenthood Minnesota, North Dakota, South Dakota v. Rounds'', No. 05-3093, a panel of the Eighth Circuit upheld an injunction that struck down a South Dakota

informed consent Informed consent is a principle in medical ethics and medical law, that a patient must have sufficient information and understanding before making decisions about their medical care. Pertinent information may include risks and benefits of treatme ...

law that required abortion providers to inform patients, among other things, that an "abortion will terminate the life of a whole, separate, unique, living human being." Gruender dissented, arguing that the law was constitutional and did not unduly burden women seeking abortions or infringe on the

freedom of speech Freedom of speech is a principle that supports the freedom of an individual or a community to articulate their opinions and ideas without fear of retaliation, censorship, or legal sanction. The right to freedom of expression has been recogni ...

of physicians. The Eighth Circuit heard the case

en banc In law, an en banc session (; French for "in bench"; also known as ''in banc'', ''in banco'' or ''in bank'') is a session in which a case is heard before all the judges of a court (before the entire bench) rather than by one judge or a smaller ...

and ruled in 2008 by a vote of 7–4, in an opinion authored by Gruender, that the law was, on its face, constitutional. In ''Little Rock School District v. North Little Rock School District'', No. 04-2923 (2006), Gruender opposed the opinion of a panel of the Eighth Circuit that affirmed the district court's conclusion that federal desegregation monitoring should remain in effect in Little Rock, Arkansas. After the desegregation effort of the

Little Rock Nine The Little Rock Nine were a group of nine African American students enrolled in Little Rock Central High School in 1957. Their enrollment was followed by the Little Rock Crisis, in which the students were initially prevented from entering ...

in 1957, the federal government began monitoring the school district in 1965. The Eighth Circuit agreed with the district court that the Little Rock district did not successfully evaluate its academic programs for how well they helped black students. Gruender dissented, arguing that the district court abused its discretion in mandating federal monitoring by using "impossibly subjective" criteria. The district court subsequently agreed with Gruender's reasoning and freed the school district from federal desegregation monitoring. In 2009, the Eighth Circuit then upheld the district court's decision in another appeal, No. 07-1866.

Possible Supreme Court nomination

Gruender has been consistently mentioned as a possible nominee for the Supreme Court in a Republican administration. On May 18, 2016, then Republican presidential candidate

Donald Trump Donald John Trump (born June 14, 1946) is an American politician, media personality, and businessman who served as the 45th president of the United States from 2017 to 2021. Trump graduated from the Wharton School of the University of Pe ...

announced that Gruender was on his list of potential Supreme Court nominees.

References

External links