Contents

Roger Gregory

Roger Gregory
Gregory in 2012
Chief Judge of the United States Court of Appeals for the Fourth Circuit
In office July 8, 2016 – July 8, 2023
Preceded by	William Byrd Traxler Jr.
Succeeded by	Albert Diaz
Judge of the United States Court of Appeals for the Fourth Circuit
Incumbent
Assumed office December 27, 2000
Appointed by	Bill Clinton (recess) George W. Bush (commission)
Preceded by	Seat established by 104 Stat. 5089
Personal details
Born	(1953-07-17) July 17, 1953 (age 70) Philadelphia, Pennsylvania, U.S.
Education	Virginia State University (BA) University of Michigan (JD)

Roger Lee Gregory^[1] (born July 17, 1953) is an American lawyer who serves as a United States circuit judge of the United States Court of Appeals for the Fourth Circuit.

Background[edit]

Gregory was born in Philadelphia, Pennsylvania but grew up in Petersburg, Virginia.^[2] He earned his Bachelor of Arts degree summa cum laude from Virginia State University in 1975 and his Juris Doctor from the University of Michigan Law School in 1978. He worked as an associate for Butzel Long and Hunton & Williams from 1978 until 1982. He co-founded the Richmond, Virginia law firm of Wilder & Gregory in 1982 with L. Douglas Wilder (the first African-American to be elected governor in the United States), and became the chair of its litigation section in 1985.^[2] Gregory is also a member of several fraternal organizations, including Omega Psi Phi fraternity, and Sigma Pi Phi fraternity.

Federal judicial service[edit]

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).^[3] 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 LottofMississippi casting the lone dissenting vote because he objected to Clinton's use of his recess appointment power.^[4] 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.^[5] He received his commission on July 25, 2001.^[6] Gregory became chief judge on July 8, 2016.^[7] and served a seven-year-term through July 8, 2023.

Notable opinions[edit]

On July 28, 2014, Gregory joined the majority opinion with Henry F. FloydinBostic 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.^{[citation needed]}

On May 25, 2017, Gregory wrote for the majority when the en banc circuit upheld a lower court's injunction blocking the President's travel ban by a 10-3 vote in Int'l Refugee Assistance Project v. Trump.^[8][9]

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.^[10][11][12] The circuit's judgement was then reversed by the Supreme Court of the United StatesinAmerican Legion v. American Humanist Association (2019).^[13]

See also[edit]

• Bill Clinton judicial appointment controversies
• George W. Bush judicial appointment controversies
• List of African-American federal judges
• List of African-American jurists
• List of first minority male lawyers and judges in the United States
• List of first minority male lawyers and judges in Virginia

References[edit]

External links[edit]

• Roger Gregory at the Biographical Directory of Federal Judges, a publication of the Federal Judicial Center.
• AppearancesonC-SPAN
• New York Times article discussing Clinton's recess appointment.
• National Review article discussing Bush re-nomination of Gregory.