Roger Gregory

Roger Gregory

Nonpartisan

United States Court of Appeals for the 4th Circuit

Tenure

2001 - Present

Years in position

23

Education

Bachelor's

Virginia State University, 1975

Law

University of Michigan Law School, 1978

Personal

Birthplace

Philadelphia, Pa.

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Roger L. Gregory is a federal judge on the United States Court of Appeals for the 4th Circuit. He joined the court in 2001 after being nominated by President George W. Bush. He served as chief judge from 2016-2023.

Early life and education

A native of Philadelphia, Pennsylvania, Gregory graduated from Virginia State University with his bachelor's degree in 1975, and from the University of Michigan Law School with his J.D. in 1978.

Professional career

Gregory spent his professional legal career in private practice in Michigan from 1978 to 1980, and in Virginia from 1980 to 2000.

Pathways to the bench

Judge Gregory was featured in the U.S. Courts "Pathways to the Bench" education program.

Judicial career

4th Circuit Court of Appeals

Nomination Tracker
Nominee Information
Name: Roger L. Gregory
Court: United States Court of Appeals for the 4th Circuit
Progress
Confirmed 385 days after nomination.
ANominated: June 30, 2000
AABA Rating: Unanimously Qualified
Questionnaire:
AHearing: July 11, 2001
Hearing Transcript: Hearing Transcript
QFRs: (Hover over QFRs to read more)
AReported: July 19, 2001
AConfirmed: July 20, 2001
AVote: 93-1
AReturned: December 15, 2000
AWithdrawn: March 19, 2001

Gregory was first nominated to a new seat on the United States Court of Appeals for the 4th Circuit created by 104 Stat. 5089. The American Bar Association rated Gregory Substantial Majority Qualified, Minority Not Qualified for the nomination. Under Rule XXXI, paragraph 6, of the standing rules of the U.S. Senate, Gregory's nomination was returned to the president. Gregory received a recess appointment from President Bill Clinton on December 27, 2000, and his nomination was resubmitted on January 3, 2001. On March 19, 2001, President George W. Bush withdrew Gregory's nomination, but subsequently re-nominated Gregory on May 9, 2001. The American Bar Association rated Gregory Unanimously Qualified for the nomination. Hearings on Gregory's nomination were held before the United States Senate Committee on the Judiciary on July 11, 2011, and his nomination was reported by U.S. Sen. Patrick Leahy (D-Vt.) on July 19, 2001. Gregory was confirmed in the U.S. Senate on a recorded 93-1 vote on July 20, 2001, and his received his commission on July 25, 2001.

Noteworthy cases

Obamacare subsidies receive conflicting treatment in the circuits (2014)

A three-judge panel of the United States Court of Appeals for the 4th Circuit found that, despite hearty challenges, subsidies distributed through the federal healthcare exchange are legal. A total of 87% of the people who receive healthcare coverage through the federal Obamacare exchange also receive subsidies to make the coverage affordable. The panel of judges, which included judges Roger Gregory, Stephanie Thacker and Andre Davis, held that the subsidies were intended not only for citizens of states which chose to set up their own marketplaces, but for all taxpayers, even if their states chose not to set up a marketplace. A contradictory ruling from the United States Court of Appeals for the District of Columbia Circuit issued the same day, setting up another potential battle headed to the United States Supreme Court.

Articles:

• Washington Post, "Federal appeals courts issue contradictory rulings on health-law subsidies," July 22, 2014
• U.S. News and World Report, "Courts Issue Conflicting Rulings on Obamacare Subsidies," July 22, 2014

Challenge to Virginia ban on same-sex marriage (2014)

See also: United States Court of Appeals for the 4th Circuit (Bostic v. Rainey, et al, No. 14-1173)

Judge Henry Floyd wrote the 2-1 opinion affirming the Eastern District of Virginia's ruling that found a ban on same-sex marriages to be unconstitutional. Judge Roger Gregory joined the majority opinion and Paul Niemeyer wrote the dissent. The majority found the defendants' arguments that the law protected responsible procreation, proper child-rearing and the tradition of marriage, to be in violation of the Fourteenth Amendment's Due Process and Equal Protection Clauses. Judge Floyd wrote in conclusion:

“

We recognize that same-sex marriage makes some people deeply uncomfortable. However, inertia and apprehension are not legitimate bases for denying same-sex couples due process and equal protection of the laws. Civil marriage is one of the cornerstones of our way of life. It allows individuals to celebrate and publicly declare their intentions to form lifelong partnerships, which provide unparalleled intimacy, companionship, emotional support, and security. The choice of whether and who to marry is an intensely personal decision that alters that course of an individual's life. Denying same-sex couples this choice prohibits them from participating fully in our society, which is precisely the type of segregation that the Fourteenth Amendment cannot countenance.

”

In dissent, Judge Paul Niemeyer wrote that the United States Constitution does not explicitly define a fundamental right for same-sex marriages, and it should be left to the states to decided if it should be recognized or not. He wrote:

“

The U.S. Constitution does not, in my judgement, restrict the states' policy choices on this issue. If given the choice, some states will surely recognize same-sex marriage and some will surely not. But that is, to be sure, the beauty of federalism.

”

Sheriff not entitled to qualified immunity (2013)

See also: United States Court of Appeals for the 4th Circuit (Durham v. Jones, et al, 12-2303)

On December 10, 2013, a three-judge panel of the Fourth Circuit found that Sheriff Robert Jones, who fired a deputy in retaliation for exercising his First Amendment rights, was not entitled to qualified immunity and must answer to the $1.1 million jury award established in a federal district trial court. The three-judge panel included Judge Diana Motz, Judge Roger Gregory, and Senior Judge Andre Davis.

See also

• United States Court of Appeals for the 4th Circuit

External links

• Judge Gregory's biography at the Federal Judicial Center
• Judge Gregory's biography from the Fourth Circuit's website

Footnotes

Political offices
Preceded by -	United States Court of Appeals for the 4th Circuit 2001-Present	Succeeded by -