Roger L. Gregory

Roger L. Gregory is an American jurist who has served on the United States Court of Appeals for the Fourth Circuit since 2001. Appointed initially by President William J. Clinton and later confirmed during the administration of President George W. Bush, he became the first African‑American judge to sit on that circuit. Gregory held the position of chief judge from 2016 through 2023 and continues as an active circuit judge, contributing to a range of decisions that have shaped federal law within the Fourth Circuit’s jurisdiction.

Early life and legal career

Roger Lee Gregory was born in Philadelphia, Pennsylvania, in 1953 and spent his formative years in Petersburg, Virginia. He pursued higher education at Virginia State University, where he graduated summa cum laude with a Bachelor of Arts degree in 1975. Continuing his academic preparation for the legal profession, Gregory earned a Juris Doctor from the University of Michigan Law School in 1978.

Following admission to the bar, Gregory began his professional practice as an associate attorney at two prominent firms: Butzel Long and Hunton & Williams. His tenure at these firms lasted from 1978 until 1982, during which time he gained experience in a variety of civil litigation matters. In 1982, Gregory co‑founded the Richmond‑based law firm Wilder & Gregory alongside L. Douglas Wilder, who later became the first African‑American governor elected in the United States. Within the new firm, Gregory assumed leadership of the litigation section in 1985, overseeing complex civil cases and guiding junior attorneys.

Beyond his legal practice, Gregory has been active in several fraternal organizations that emphasize professional development and community service. He is a member of Omega Psi Phi fraternity and Sigma Pi Phi fraternity, both historically African‑American societies with national reach. These affiliations reflect a broader commitment to mentorship and civic engagement throughout his career.

Federal appellate service

Gregory’s entry onto the federal bench began with a nomination by President William J. Clinton on June 30 2000 to fill a Fourth Circuit seat that had remained vacant for nearly ten years. The Senate did not act on this initial nomination before the end of Clinton’s term, and the president subsequently exercised his recess appointment authority to place Gregory on the court on December 27 2000. This temporary commission was set to expire at the conclusion of the 2001 congressional session.

After the 2000 presidential election, President George W. Bush renominated Gregory on May 9 2001 for the same vacancy. The United States Senate confirmed his appointment on July 20 2001 by a vote of ninety‑three in favor and one against; the lone dissenting senator, Trent Lott of Mississippi, expressed opposition to the use of a recess appointment rather than the nominee’s qualifications. Gregory received his official commission five days later, on July 25 2001, thereby becoming the first African‑American judge to serve on the Fourth Circuit.

During his tenure, Gregory advanced to the role of chief judge on July 8 2016, succeeding the prior presiding officer and assuming administrative oversight of the circuit’s operations. He served a full seven‑year term as chief judge, concluding that leadership period on July 8 2023. Throughout both his service as an associate judge and as chief judge, Gregory has participated in panels addressing a wide spectrum of federal issues, ranging from constitutional challenges to complex statutory interpretations.

Jurisprudence and legacy

Judge Gregory’s judicial record includes participation in several high‑profile decisions that have contributed to the development of Fourth Circuit jurisprudence. In July 2014, he joined the majority opinion authored by Judge Henry F. Floyd in *Bostic v. Schaefer*, a case that held Virginia’s prohibition on same‑sex marriage unconstitutional. The ruling not only invalidated the state ban but also set precedent for the legalization of same‑sex marriage throughout all states within the Fourth Circuit’s jurisdiction.

In May 2017, Gregory authored the majority opinion for an en banc panel that upheld a lower court injunction blocking the executive order commonly referred to as the “travel ban.” The decision, rendered by a ten‑to‑three vote in *International Refugee Assistance Project v. Trump*, affirmed the judiciary’s role in reviewing executive actions affecting immigration and national security.

Gregory also authored dissenting opinions in cases involving the Establishment Clause of the First Amendment. In October 2017, he dissented when a panel majority concluded that the Bladensburg Peace Cross—a World War I memorial—violated constitutional prohibitions on government endorsement of religion. He maintained his dissent when the circuit denied an en banc rehearing of the case. The Supreme Court later reversed the Fourth Circuit’s judgment in *American Legion v. American Humanist Association* (2019), a development that underscored ongoing debates over historical monuments and religious neutrality.

Beyond specific rulings, Judge Gregory’s broader legacy includes his status as a trailblazer for diversity on the federal bench. His appointment marked the first time an African‑American jurist served on the Fourth Circuit, expanding representation within a court that covers Virginia, West Virginia, North Carolina, South Carolina, and Maryland. As chief judge, he oversaw administrative reforms, case management initiatives, and efforts to improve access to justice across the circuit’s districts.

Gregory’s career reflects a blend of private‑practice experience, leadership within legal organizations, and sustained judicial service at the appellate level. His decisions have addressed pivotal constitutional questions, while his administrative tenure contributed to the efficient operation of one of the nation’s key federal appellate courts. As an active judge, he continues to shape the interpretation of federal law and to influence the development of jurisprudence within the Fourth Circuit.