Raymond Gruender
Encyclopedia
Raymond W. Gruender is a federal judge
Federal judge
Federal judges are judges appointed by a federal level of government as opposed to the state / provincial / local level.-Brazil:In Brazil, federal judges of first instance are chosen exclusively by public contest...

 on the United States Court of Appeals for the Eighth Circuit
United States Court of Appeals for the Eighth Circuit
The United States Court of Appeals for the Eighth Circuit is a federal court with appellate jurisdiction over the district courts in the following districts:* Eastern District of Arkansas* Western District of Arkansas...

.

Education and early career

Gruender attended Washington University in St. Louis
Washington University in St. Louis
Washington University in St. Louis is a private research university located in suburban St. Louis, Missouri. Founded in 1853, and named for George Washington, the university has students and faculty from all fifty U.S. states and more than 110 nations...

, Missouri
Missouri
Missouri is a US state located in the Midwestern United States, bordered by Iowa, Illinois, Kentucky, Tennessee, Arkansas, Oklahoma, Kansas and Nebraska. With a 2010 population of 5,988,927, Missouri is the 18th most populous state in the nation and the fifth most populous in the Midwest. It...

 and earned three degrees: an A.B.
Bachelor of Arts
A Bachelor of Arts , from the Latin artium baccalaureus, is a bachelor's degree awarded for an undergraduate course or program in either the liberal arts, the sciences, or both...

, a J.D.
Juris Doctor
Juris Doctor is a professional doctorate and first professional graduate degree in law.The degree was first awarded by Harvard University in the United States in the late 19th century and was created as a modern version of the old European doctor of law degree Juris Doctor (see etymology and...

, and an M.B.A.. In 2006, he received the Distinguished Young Alumni Award from the law school.

Prior to joining the federal bench, Gruender worked as an attorney both in private practice and public service. After law school, he was in private practice at Lewis, Rice & Fingersh from 1987-1990, at which point he became an Assistant United States Attorney
United States Attorney
United States Attorneys represent the United States federal government in United States district court and United States court of appeals. There are 93 U.S. Attorneys stationed throughout the United States, Puerto Rico, the U.S. Virgin Islands, Guam, and the Northern Mariana Islands...

 for the Eastern District of Missouri
United States District Court for the Eastern District of Missouri
The United States District Court for the Eastern District of Missouri is a trial level federal district court based in St. Louis, Missouri, with jurisdiction over fifty counties in the eastern half of Missouri. The court is one of ninety-four district-level courts which make up the first tier of...

. In 1994, he ran for election as St. Louis County Attorney and lost to the incumbent. He then returned to private practice at Thompson Coburn
Thompson Coburn
Thompson Coburn LLP is an "AmLaw 200" U.S. law firm. In 2010, the firm ranked second in the nation in "Midlevel Associates Survey" conducted by The American Lawyer.-Practice areas:...

, but left to rejoin the United States Attorneys' Office again in 2000. In 2001, he became the United States Attorney for the Eastern District of Missouri, a position he remained in until his confirmation to the Eighth Circuit in 2004.

Nomination and confirmation

Gruender was nominated to the Eighth Circuit by President George W. Bush
George W. Bush
George Walker Bush is an American politician who served as the 43rd President of the United States, from 2001 to 2009. Before that, he was the 46th Governor of Texas, having served from 1995 to 2000....

 on September 29, 2003 to fill a seat vacated by Judge Pasco Bowman II
Pasco Bowman II
Pasco Middleton Bowman II is a senior federal judge on the United States Court of Appeals for the Eighth Circuit.A former Fulbright scholar, Bowman was born in Harrisonburg, Virginia and grew up in New Market and Timberville, Virginia. He graduated from New Market High School, and in 1955 received...

. The United States Senate
United States Senate
The United States Senate is the upper house of the bicameral legislature of the United States, and together with the United States House of Representatives comprises the United States Congress. The composition and powers of the Senate are established in Article One of the U.S. Constitution. Each...

 confirmed him almost eight months later on May 20, 2004 by a vote of 97-1, with the only vote against his confirmation coming from U.S. Sen. Tom Harkin
Tom Harkin
Thomas Richard "Tom" Harkin is the junior United States Senator from Iowa and a member of the Democratic Party. He previously served in the United States House of Representatives ....

. Gruender received his commission on June 5, 2004.

Noteworthy opinions

In Re Union Pacific Railroad Employment Practices Litigation, No. 06-1706, Gruender authored a 2007 opinion concluding that the Pregnancy Discrimination Act of 1978 did not give female employees the right to insurance coverage for contraceptives used solely to prevent pregnancy.

In Planned Parenthood Minnesota, North Dakota, South Dakota v. Rounds, No. 05-3093, a panel of the Eighth Circuit upheld an injunction that struck down a South Dakota informed consent law that required abortion providers to inform patients, among other things, that an "abortion will terminate the life of a whole, separate, unique, living human being." Gruender dissented, arguing that the law was constitutional and did not unduly burden women seeking abortions or infringe on the freedom of speech
Freedom of speech in the United States
Freedom of speech in the United States is protected by the First Amendment to the United States Constitution and by many state constitutions and state and federal laws, with the exception of obscenity, defamation, incitement to riot, and fighting words, as well as harassment, privileged...

 of physicians. The Eighth Circuit heard the case en banc
En banc
En banc, in banc, in banco or in bank is a French term used to refer to the hearing of a legal case where all judges of a court will hear the case , rather than a panel of them. It is often used for unusually complex cases or cases considered to be of greater importance...

 and ruled in 2008 by a vote of 7-4, in an opinion authored by Gruender, that the law was, on its face, constitutional.

In Little Rock School District v. North Little Rock School District, No. 04-2923 (2006), a panel of the Eighth Circuit affirmed the district court's conclusion that federal desegregation monitoring should remain in effect in Little Rock, Arkansas. After the desegregation effort of the Little Rock Nine
Little Rock Nine
The Little Rock Nine was a group of African-American students who were enrolled in Little Rock Central High School in 1957. The ensuing Little Rock Crisis, in which the students were initially prevented from entering the racially segregated school by Arkansas Governor Orval Faubus, and then...

in 1957, the federal government began monitoring the school district in 1965. The Eighth Circuit agreed with the district court that the Little Rock district did not successfully evaluate its academic programs for how well they helped black students. Gruender dissented, arguing that the district court abused its discretion in mandating federal monitoring by using "impossibly subjective" criteria. The district court subsequently agreed with Gruender's reasoning and freed the school district from federal desegregation monitoring. In 2009, the Eighth Circuit then upheld the district court's decision in another appeal, No. 07-1866.
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