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|Current Court Information:|
|United States Court of Appeals for the Fourth Circuit|
|Appointed by:||Bill Clinton|
|Preceded by:||New Seat|
|Undergraduate:||Virginia State University, 1975|
|Law School:||University of Michigan Law, 1978|
- 1 Early life and education
- 2 Professional career
- 3 Judicial career
- 4 Notable cases
- 5 See also
- 6 External links
- 7 References
Roger L. Gregory (b. 1953) is a federal judge on the United States Court of Appeals for the Fourth Circuit. He joined the court in 2001 after being nominated by President Bill Clinton.
Early life and education
Pathways to the bench
Judge Gregory was featured in the U.S. Courts "Pathways to the Bench" education program.
Gregory received a recess appointment from President Bill Clinton on December 27, 2000, to a new seat created by 104 Stat. 5089, which was approved by Congress. Gregory was re-nominated by President George W. Bush on May 9, 2001. Gregory was confirmed by the U.S. Senate on July 20, 2001, on a super majority 93-1-6 vote, and received commission on July 25, 2001.
Obamacare subsidies receive conflicting treatment in the circuits (2014)
A three-judge panel of the United States Court of Appeals for the Fourth 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.
Challenge to Virginia ban on same-sex marriage (2014)United States Court of Appeals for the Fourth 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.||”|
Corrupt sheriff not entitled to qualified immunity (2013)United States Court of Appeals for the Fourth Circuit (Durham v. Jones, et al, 12-2303)
On December 10, 2013, a three-judge panel of the Fourth Circuit, composed of Judges Diana Motz, Roger Gregory and Senior Judge Andre Davis, found that Maryland 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 the federal district trial court.
In the underlying case, James Durham, a deputy sheriff, used physical force and pepper spray in self defense to detain a man attempting to flee from police. Durham was later aggressively interrogated about the incident and pressured to falsify his report by superiors. Durham later did so, but then filed an internal grievance about the incident, only to be demoted. Durham then went to the media to expose the sheriff's office for its unjust behavior. Durham was then fired for "disseminating departmental information," a form of misconduct. He filed suit, and a jury at a federal trial found Jones guilty of retaliation after he fired Durham for exercising a constitutional right, awarding the deputy sheriff $1.1 million in damages.
Jones appealed, claiming he should have been granted immunity against the charges, but Judge Davis, writing for the majority, affirmed, stating:
|“||Serious, to say nothing of corrupt, law enforcement misconduct is a substantial concern that must be met with a similarly substantial disruption in the calibration of the controlling balancing test. Given Jones' inability to show at trial how Durham's actions had an adverse impact on the proper functioning of the [Somerset County, Maryland, Sheriff’s Office] in some serious manner, the balance between Durham's rights as a private citizen under the First Amendment and Jones' interest in ensuring an efficient and effective work environment tilts heavily in favor of Durham and his entitlement to enjoy protected speech.||”|
- Biography of Roger L. Gregory at the Federal Judicial Center
- United States Court of Appeals for the Fourth Circuit, "Judge Roger L. Gregory Bio," accessed April 3, 2014
- Biography of Roger L. Gregory at the Federal Judicial Center
- THOMAS, "Presidential Nominations 107th Congress: Judge Roger L. Gregory (USCA, Fourth Circuit)," accessed April 3, 2014
- United States Court of Appeals for the Fourth Circuit, "Bostic v. Rainey," July 28, 2014
- Note: This text is quoted verbatim from the original source. Any inconsistencies are attributed to the original source.
- Courthouse News Service, "Sheriff On Hook to Pay $1.1 Million Jury Award," December 11, 2013
|Federal judicial offices|
NA - new seat
|Fourth Circuit Court of Appeals
Chief Judge: William Traxler • Barbara Keenan • Steven Agee • Harvie Wilkinson • Paul Niemeyer • Diana Motz • Robert King • Roger Gregory • Dennis Shedd • Allyson Duncan • Henry Floyd • James Wynn • Albert Diaz • Stephanie Thacker • Pamela Harris
|Former judges||Hugh Lennox Bond • Karen J. Williams • Blane Michael • Michael Luttig • Emory Sneeden • Samuel Ervin • James Sprouse • Charles Henry Simonton • Nathan Goff • Edmund Waddill • Jeter Connelly Pritchard • Martin Augustine Knapp • John Carter Rose • Charles Albert Woods • Morris Ames Soper • Elliott Northcott • John Johnston Parker • Armistead Dobie • Harrison Winter • James Craven • Donald Russell • Albert Bryan, Sr. • John Butzner • Hiram Widener • Herbert Boreman • John Field • Kenneth Hall • J. Spencer Bell • Clement Haynsworth • Francis Murnaghan • Simon Sobeloff • William Walter Wilkins •|
|Former Chief judges|