Roger 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 The United States Court of Appeals for the Fourth Circuit (in case citations, 4th Cir.) is a federal court located in Richmond, Virginia, with appellate jurisdiction over the district courts in the following districts: * District of Maryland ...
.


Background

Gregory was born in
Philadelphia Philadelphia, often called Philly, is the largest city in the Commonwealth of Pennsylvania, the sixth-largest city in the U.S., the second-largest city in both the Northeast megalopolis and Mid-Atlantic regions after New York City. Since ...
,
Pennsylvania Pennsylvania (; ( Pennsylvania Dutch: )), officially the Commonwealth of Pennsylvania, is a state spanning the Mid-Atlantic, Northeastern, Appalachian, and Great Lakes regions of the United States. It borders Delaware to its southeast, ...
but grew up in Petersburg,
Virginia Virginia, officially the Commonwealth of Virginia, is a state in the Mid-Atlantic and Southeastern regions of the United States, between the Atlantic Coast and the Appalachian Mountains. The geography and climate of the Commonwealth are ...
. He earned his
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 yea ...
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 Virginia State University (VSU or Virginia State) is a public historically Black land-grant university in Ettrick, Virginia. Founded on , Virginia State developed as the United States's first fully state-supported four-year institution of hi ...
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 l ...
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, Californi ...
,
Virginia Virginia, officially the Commonwealth of Virginia, is a state in the Mid-Atlantic and Southeastern regions of the United States, between the Atlantic Coast and the Appalachian Mountains. The geography and climate of the Commonwealth are ...
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 a ...
fraternity, and Sigma Pi Phi fraternity.


Federal judicial service

On June 30, 2000, President
Bill Clinton William Jefferson Clinton (né Blythe III; born August 19, 1946) is an American politician who served as the 42nd president of the United States from 1993 to 2001. He previously served as governor of Arkansas from 1979 to 1981 and again ...
nominated Gregory to a seat on the
United States Court of Appeals for the Fourth Circuit The United States Court of Appeals for the Fourth Circuit (in case citations, 4th Cir.) is a federal court located in Richmond, Virginia, with appellate jurisdiction over the district courts in the following districts: * District of Maryland ...
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). 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 on May 9, 2001. The Senate confirmed Gregory on July 20, 2001, by a 93–1 vote, with
Trent Lott Chester Trent Lott Sr. (born October 9, 1941) is an American lawyer, author, and politician. A former United States Senator from Mississippi, Lott served in numerous leadership positions in both the United States House of Representatives and the ...
of
Mississippi Mississippi () is a state in the Southeastern region of the United States, bordered to the north by Tennessee; to the east by Alabama; to the south by the Gulf of Mexico; to the southwest by Louisiana; and to the northwest by Arkansas. Miss ...
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 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 po ...
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 in ''
Bostic v. Schaefer ''Bostic v. Schaefer'' (formerly ''Bostic v. McDonnell'' and ''Bostic v. Rainey'') is a lawsuit filed in federal court in July 2013 that challenged Virginia's refusal to sanction same-sex marriages. The plaintiffs won in U.S. district court in Fe ...
'' that declared Virginia's ban on same-sex marriage unconstitutional. This decision led to the legalization of
same-sex marriage in Virginia Same-sex marriage in Virginia has been legal since October 6, 2014, following the decision of the U.S. Supreme Court not to hear an appeal of the Fourth Circuit Court of Appeals' ruling in '' Bostic v. Schaefer''. Same-sex marriages subsequently ...
as well as all other states throughout the Fourth Circuit. On May 25, 2017, Judge Gregory wrote for the majority when the ''
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 p ...
'' 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 Executiv ...
''. In October 2017, Gregory dissented when the panel majority found that the Bladensburg Peace Cross memorial from World War I now violated the Constitution's Establishment Clause, and he wrote another dissent when the circuit denied rehearing ''
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 p ...
''. 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 tribunals in the United States, federal court cases, and over Stat ...
in '' American Legion v. American Humanist Association'' (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 we ...
*
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


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