James Wynn
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.[1]
On January 5, 2024, Wynn announced that he would assume senior status upon the commission of his successor.[2]
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.[1]
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[3][1]
Judicial career
Fourth Circuit Court of Appeals
 |
| Nominee Information |
| Name: James Wynn |
| Court: United States Court of Appeals for the 4th Circuit |
| Progress |
| Confirmed 274 days after nomination. |
 Nominated: November 4, 2009
|
| ABA Rating: Unanimously Well Qualified
|
| Questionnaire: Questionnaire |
| Hearing: December 16, 2009
|
| QFRs: QFRs (Hover over QFRs to read more) |
| Reported: January 28, 2010
|
| Confirmed: August 5, 2010
|
| Vote: 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.[4][5] 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."[6] Wynn was previously nominated to the federal bench by President Clinton, but was blocked in the Senate by Jesse Helms.[7]
Judiciary Committee hearing
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.[8]
He had a hearing before the Committee on December 16, 2009.[9] 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."[10][11]
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.[12]
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.[13]
Judges Robert King and James Wynn voted to remand the case. Judge Steven Agee voted to deny the motion to remand.[14]
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)
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.[15][16] | ” |
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.[15][16] | ” |
SCOTUS summarily reverses 4th Circuit in AEDPA case (2017)
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."[17]
See also
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
- ↑ 1.0 1.1 1.2 Federal Judicial Center, "Biographical directory of federal judges," accessed June 15, 2016 Cite error: Invalid
<ref>tag; name "bio" defined multiple times with different content - ↑ United States Courts, "Future Judicial Vacancies," accessed January 5, 2024
- ↑ The News & Observer, "Wynn makes history in new post," September 25, 2007
- ↑ The White House, "President Obama Nominates Judge Albert Diaz and Judge James Wynn to the Fourth Circuit Court of Appeals," November 4, 2009
- ↑ The White House, "Presidential Nominations Sent to the Senate," November 4, 2009
- ↑ The Wilmington Journal, "Butterfield Praises Wynn's Federal Bench Nomination," November 4, 2009
- ↑ Blog of Legal Times, "Obama Nominates Two from N.C. to the 4th Circuit," November 4, 2009
- ↑ Off the Record, "Wynn, Diaz advance," January 28, 2010
- ↑ Senate Judiciary Committee Official Hearing Notice
- ↑ News Observer "N.C. judges get easy hearing in Senate," December 17, 2009
- ↑ News-Record:Off the Record "N.C. judges show well at confirmation hearing," December 17, 2009
- ↑ News Observer, "Wynn finally confirmed to 4th Circuit," August 5, 2010
- ↑ Washington Examiner, "Appeals court sends census dispute back to Maryland judge," June 25, 2019
- ↑ Talking Points Memo, "Appeals Court Shakes Up Census Citizenship Case Days Before SCOTUS Decision," June 25, 2019
- ↑ 15.0 15.1 Brennan Center, "Common Cause v. Rucho" and "League of Women Voters v. Rucho" Opinion, January 9, 2018
- ↑ 16.0 16.1 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
- ↑ Supreme Court of the United States, Virginia v. LeBlanc, June 12, 2017
| Political offices | ||
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| Preceded by - |
United States Court of Appeals for the 4th Circuit 2010-Present |
Succeeded by Ryan Y. Park |
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| Nominated | |||
