James Wynn

James Wynn

Nonpartisan

United States Court of Appeals for the 4th Circuit

Tenure

2010 - Present

Years in position

14

Successor

Ryan Y. Park

Education

Bachelor's

University of North Carolina, 1975

Graduate

University of Virginia School of Law, 1995

Law

Marquette University Law School, 1979

Personal

Birthplace

Robersonville, N.C.

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James Andrew Wynn Jr. is a judge on the United States Court of Appeals for the 4th Circuit. He was appointed to the court by President Barack Obama. Prior to joining the Fourth Circuit, he was an associate judge on the North Carolina Court of Appeals.

On January 5, 2024, Wynn announced that he would assume senior status upon the commission of his successor.

Education

Wynn received his bachelor's degree in journalism from the University of North Carolina at Chapel Hill in 1975, his J.D. degree from Marquette University Law School in 1979, and his LL.M. degree from the University of Virginia School of Law in 1995.

Military service

Wynn attended the Naval Justice School in 1979 and received his Military Judge Certification in 2000.

Professional career

• 2010 - Present: Judge, United States Court of Appeals for the 4th Circuit
• 1999-2010: Associate judge, North Carolina Court of Appeals
• 1998: Associate justice, Supreme Court of North Carolina
• 1990-1998: Associate judge, North Carolina Court of Appeals
• 1984-1990: Private practice, Wilson and Greenville, North Carolina
• 1983-1984: Assistant appellate defender, North Carolina
• 1983-2009: Judge Advocate General corps, U.S. Navy Reserves
• 1979-1983: Judge Advocate General corps, U.S. Navy

Judicial career

Fourth Circuit Court of Appeals

Nomination Tracker
Nominee Information
Name: James Wynn
Court: United States Court of Appeals for the 4th Circuit
Progress
Confirmed 274 days after nomination.
ANominated: November 4, 2009
AABA Rating: Unanimously Well Qualified
Questionnaire: Questionnaire
AHearing: December 16, 2009
QFRs: QFRs (Hover over QFRs to read more)
AReported: January 28, 2010
AConfirmed: August 5, 2010
AVote: Voice vote

President Obama nominated Judge Wynn to the United States Court of Appeals for the 4th Circuit. The American Bar Association rated Wynn Unanimously Well Qualified for the nomination. Congressman G.K. Butterfield praised the nomination, saying "Judge Wynn would bring a great deal of appellate and military experience to the federal bench" and that he has "a remarkable legal mind." Wynn was previously nominated to the federal bench by President Clinton, but was blocked in the Senate by Jesse Helms.

Judiciary Committee hearing

Wynn's Public Questionnaire Available Here

Questions for the Record available here

The Senate Judiciary Committee voted 18-1 to forward Wynn's nomination to the full Senate. The dissenting vote came from Oklahoma Senator Tom Coburn.

He had a hearing before the Committee on December 16, 2009. He was heard along with fellow nominee Albert Diaz by just three of the Committee members. When asked about his judicial philosophy, Wynn said: "The role of the judge is to follow the law, not make the law."

Wynn won confirmation from the U.S. Senate on August 5, 2010. He was elected using the procedure of "unanimous consent," allowing a motion to approve a candidate to pass as long as there are no objections.

Noteworthy cases

Appeals court returns citizenship question case to district court (2019)

A divided three-judge panel of the United States Court of Appeals for the Fourth Circuit on June 25, 2019, remanded La Union del Pueblo Entero v. Ross—a case challenging the addition of a citizenship question on the 2020 U.S. Census—to the United States District Court for the District of Maryland for reconsideration by Judge George Jarrod Hazel. Plaintiffs raised an equal protection claim under the Fifth Amendment in light of new evidence that, according to the plaintiffs, suggests that the Trump administration approved the addition of a citizenship question on the 2020 Census in order to gain a Republican electoral advantage.

Judges Robert King and James Wynn voted to remand the case. Judge Steven Agee voted to deny the motion to remand.

Click here for a full timeline of legal challenges to the citizenship question on the 2020 U.S. Census.

North Carolina congressional maps deemed gerrymandered (2018)

See also: United States District Court for the Middle District of North Carolina (Common Cause v. Rucho and League of Women Voters of North Carolina v. Rucho (consolidated))

On January 9, 2018, the United States District Court for the Middle District of North Carolina ruled that North Carolina's congressional maps demonstrated gerrymandering. Judge James Wynn wrote the opinion of the panel, joined by Judge Earl Britt. The judges held that the state's congressional maps had been unconstitutionally gerrymandered and ordered the General Assembly of North Carolina to redraw new district lines for use in the 2018 midterm elections. The court ruled:

“

We agree with Plaintiffs that a wealth of evidence proves the General Assembly’s intent to 'subordinate' the interests of non-Republican voters and 'entrench' Republican domination of the state’s congressional delegation. In particular, we find that the following evidence proves the General Assembly’s discriminatory intent: (a) the facts and circumstances surrounding the drawing and enactment of the 2016 Plan; (b) empirical analyses of the 2016 Plan; and (c) the discriminatory partisan intent motivating the 2011 Plan, which the General Assembly expressly sought to carry forward when it drew the 2016 Plan.

”

Judge William Osteen concurred in the judgment but wrote separately. Osteen wrote:

“

I concur with the well-reasoned opinion of the majority...However, in keeping with the standard established by the Supreme Court for racial gerrymandering claims, I would require Plaintiffs to prove that partisanship was the predominant factor motivating the General Assembly’s decision to draw the 2016 Plan as it did. Because I agree that Plaintiffs met their burden, and also agree that Defendants have not justified the effects of the 2016 Plan, I concur with the majority’s conclusion that the Plan violates the Equal Protection Clause.

”

SCOTUS summarily reverses 4th Circuit in AEDPA case (2017)

See also: United States Court of Appeals for the 4th Circuit (Virginia v. LeBlanc)

On June 12, 2017, the U.S. Supreme Court summarily reversed a judgment of a three-judge panel of the United States Court of Appeals for the 4th Circuit in Virginia v. LeBlanc. Judge James Wynn wrote the opinion of the circuit panel. In an unsigned, per curiam opinion of the U.S. Supreme Court, the justices held that the Fourth Circuit panel erred in failing to give state courts the appropriate degree of deference required under the Antiterrorism and Effective Death Penalty Act (AEDPA). The court's opinion stated, "The federalism interest implicated in AEDPA cases is of central relevance in this case, for the Court of Appeals for the Fourth Circuit’s holding created the potential for significant discord in the Virginia sentencing process. Before today, Virginia courts were permitted to impose—and required to affirm—a sentence like respondent’s, while federal courts presented with the same fact pattern were required to grant habeas relief. Reversing the Court of Appeals’ decision in this case—rather than waiting until a more substantial split of authority develops—spares Virginia courts from having to confront this legal quagmire."

See also

• United States Court of Appeals for the 4th Circuit

External links

• Associated Press, "White House nominates two N.C. judges for 4th Circuit," November 4, 2009
• ACSBlog "Today's Fourth Circuit Nominations," November 4, 2009
• Blog of Legal Times, "Obama Nominates Two from N.C. to the 4th Circuit," November 4, 2009
• Washington Post 44, "Obama nominates two to the 4th Circuit Court of Appeals," November 4, 2009

Footnotes

Political offices
Preceded by -	United States Court of Appeals for the 4th Circuit 2010-Present	Succeeded by Ryan Y. Park

Federal judges nominated by Barack Obama
Nominated	Federal judges nominated by Barack Obama