John M. Rogers

For the Ohio state legislator, see John Rogers (Ohio politician).
John Rogers
Judge of the United States Court of Appeals for the Sixth Circuit
Incumbent
Assumed office
November 26, 2002
Appointed by George W. Bush
Preceded by Eugene Siler
Personal details
Born June 26, 1948
Rochester, New York, U.S.
Alma mater Stanford University
University of Michigan, Ann Arbor

John Marshall Rogers (born June 26, 1948 in Rochester, New York) is a federal judge on the United States Court of Appeals for the Sixth Circuit.

Background

Rogers received his B.A. from Stanford University and his J.D. from the University of Michigan Law School.

Prior to his service as a federal judge, Rogers had been a law professor at the University of Kentucky College of Law for nearly 25 years, where he remains a professor emeritus.

Judge Rogers also served in the United States Department of Justice. Rogers was an officer in the Kentucky Army National Guard from 1970 to 1998.

Judge Rogers currently resides in Lexington, Kentucky with his wife and son. His daughter attends Stanford University.

Sixth Circuit nomination and confirmation

Rogers was nominated to that court by President George W. Bush on December 19, 2001 to fill a seat vacated by Judge Eugene Edward Siler, Jr., and his nomination was confirmed by the U.S. Senate on November 26, 2002, by voice vote. Rogers was the second judge nominated to the Sixth Circuit by Bush and confirmed by the United States Senate.

Sixth Circuit decisions

On June 3, 2010 and Judge Siler, J interpreted a union contract agreement between Detroit Diesel Corporation (owned by Daimler AG) and UAW Local 163 as altering the terms of DDC's obligations to its retirees. On that interpretation of their union contract, retirees (applies to the 1993-2004 retirees) now pay 66% of their pension towards their medical insurance. Ref: (http://www.ca6.uscourts.gov/opinions.pdf/10a0157p-06.pdf)

On March 17, 2006, Judge Rogers dissented from a decision of a Sixth Circuit majority panel in Brentwood Academy v. Tennessee Secondary School Athletic Association, 442 F.3d 410 (6th Cir. 2006). Contrary to the majority, Judge Rogers concluded that the First Amendment of the U.S. Constitution does not prevent government-run athletic associations from limiting or prohibiting their members from recruiting student athletes. Judge Rogers reasoned as follows: "This is no more a case involving our nation's ideal of freedom of expression than a case involving a coach who is thrown out of a game for talking back to a referee." The U.S. Supreme Court subsequently granted a writ of certiorari to the Sixth Circuit in the same case and took the same position as Judge Rogers on the First Amendment issue. The Court held that "[t]he antirecruiting rule strikes nowhere near the heart of the First Amendment." Tennessee Secondary Sch. Athletic Ass'n v. Brentwood Acad., 127 S. Ct. 2489, 2493 (2007).


Sources

Legal offices
Preceded by
Eugene Siler
Judge of the United States Court of Appeals for the Sixth Circuit
2002–present
Incumbent