James A. Wynn Jr.

James Andrew Wynn Jr. (born March 17, 1954) is an American jurist, currently a United States Circuit Judge of the United States Court of Appeals for the Fourth Circuit and formerly on both the North Carolina Court of Appeals and the North Carolina Supreme Court.

For the saxophonist, see Big Jim Wynn.

James A. Wynn Jr.
Judge of the United States Court of Appeals for the Fourth Circuit
Incumbent
Assumed office August 10, 2010
Appointed by	Barack Obama
Preceded by	James Dickson Phillips Jr.
Judge of the North Carolina Court of Appeals
In office 1999–2010
Preceded by	Himself
Succeeded by	Cressie Thigpen
In office 1990–1998
Preceded by	Allyson Kay Duncan
Succeeded by	Himself
Justice of the North Carolina Supreme Court
In office September 28, 1998 – November 3, 1998
Preceded by	John Webb
Succeeded by	George L. Wainwright Jr.
Personal details
Born	(1954-03-17) March 17, 1954 Robersonville, North Carolina
Education	University of North Carolina at Chapel Hill (B.A.) Marquette University Law School (J.D.) University of Virginia School of Law (LL.M.)

Early life and education

Wynn grew up in the Eastern North Carolina community of Robersonville. He holds degrees from the University of North Carolina at Chapel Hill (Bachelor of Arts, Journalism, 1975); Marquette University Law School (Juris Doctor, 1979) and University of Virginia School of Law (Master of Laws, Judicial Process, 1995).[1]

Early career

Following graduation from law school, Wynn served in the Judge Advocate General's Corps, U.S. Navy on active duty for four years - stationed at Navy Base, Norfolk, Virginia. He continued his service for 26 more years in the Navy Reserve which included service as a military judge. He retired in 2009 at rank of Captain. After completing his initial duty of four years in the Navy, Wynn practiced law in Wilson and Greenville, North Carolina.[1]

Judicial career

From 1990 until his 2010 senate confirmation to serve on the United States Court of Appeals, 4th Circuit, Wynn served on both the North Carolina Court of Appeals and Supreme Court of North Carolina. In the American Bar Association, Wynn served as Chair of the Appellate Judges Conference and the Judicial Division.[1]

Federal judicial service

Failed nomination under Clinton

On August 5, 1999, President Bill Clinton nominated Judge Wynn to serve on the United States Court of Appeals for the Fourth Circuit to fill a vacancy created by the decision by Judge James Dickson Phillips Jr. to take senior status. Wynn's nomination never received a hearing from the U.S. Senate Judiciary Committee.

Renomination under Obama

President Barack Obama nominated Wynn and North Carolina Superior Court Judge Albert Diaz for seats on the Fourth Circuit on Nov. 4, 2009.[2][3][4] Obama's renomination of Wynn and nomination of Diaz were jointly endorsed by North Carolina senators Kay Hagan, a Democrat, and Richard Burr, a Republican.[5] His nomination was confirmed by the full Senate on August 5, 2010 by unanimous consent.[6] He received his commission on August 10, 2010.[1]

Notable cases

During his tenure on the Supreme Court of North Carolina, Judge Wynn authored the opinion abolishing the longstanding invitee/licensee framework for evaluating premises liability claims and replaced that framework with a new standard under which property owners owe a duty of reasonable care to all lawful visitors. Nelson v. Freeland, 349 N.C. 615 (1998).

Judge Wynn authored one of the first opinions applying the plausibility pleading standard set forth in Bell Atlantic Corp. v. Twombly, 550 U.S. 544 (2007), to an attempted monopolization case under Section 2 of the Sherman Antitrust Act. E.I. du Pont de Nemours & Co. v. Kolon Industries, 637 F.3d 435 (4th Cir. 2011). The opinion discusses at length what types of facts a complaint must allege to sufficiently plead a relevant geographic market.

In a concurring opinion in Liberty University, Inc. v. Geithner, 671 F.3d 391 (4th Cir. 2011), Judge Wynn determined that Congress had the authority to establish the individual mandate in the Affordable Care Act pursuant to its plenary taxing power.[7] The Supreme Court subsequently upheld the individual mandate under that theory.[8]

In 2014, Judge Wynn wrote the majority opinion preliminarily enjoining implementation of two components of a voting law enacted by the North Carolina General Assembly after the Supreme Court effectively struck down a component of the Voting Rights Act that had long prevented North Carolina from enacting voting laws that denied minority groups equal access. League of Women Voters of North Carolina v. North Carolina, 769 F.3d 224 (4th Cir. 2014). Judge Wynn later concurred in an opinion holding that the General Assembly enacted several components of the law, including a voter ID provision, with invidious discriminatory intent, in violation of the Fourteenth Amendment.[9] In that case, Judge Wynn wrote the majority opinion as to remedy, immediately and permanently enjoining the State from using those unconstitutional provisions.

Judge Wynn wrote a concurring and dissenting opinion in United States v. Graham, 824 F.3d 421 (4th Cir. 2016) (en banc), arguing that cell site location information is not voluntarily conveyed by cell phone users and therefore that cell site location information is protected by the Fourth Amendment.[10] The Supreme Court subsequently agreed with Judge Wynn's position. Carpenter v. United States, 138 S. Ct. 2206 (2018).

In August 2016, Judge Wynn authored an opinion for a three-judge district court panel striking down dozens of districts in North Carolina's 2011 state legislative districting plans as racial gerrymanders in violation of the Fourteenth Amendment.[11] The Supreme Court affirmed that decision without dissent.

Judge Wynn authored a pair of opinions establishing a new framework for determining whether two entities are joint employers for purposes of the Fair Labor Standards Act. Salinas v. Commercial Interiors, Inc., 848 F.3d 125 (4th Cir. 2017); Hall v. DirecTV, LLC, 846 F.3d 757 (4th Cir. 2017).

In October 2017, Wynn joined the panel majority when it found that the Bladensburg Peace Cross memorial from World War I now violated the Constitution's Establishment Clause, and he wrote a concurrence when the divided circuit denied rehearing en banc.[12][13] The judgement was then reversed by the Supreme Court of the United States in American Legion v. American Humanist Association (2019).[14]

In Int'l Refugee Assistance Project v. Trump (2017), Judge Wynn wrote a concurring opinion contending that President Trump's Travel Ban exceeded the President's authority under the Immigration and Nationality Act because it denied entry to a class of aliens on the basis of individious discrimination.[15] Judge Wynn's opinion was grounded in the interpretive principle that absent a clear statement by Congress, courts should not construe a delegation of congressional power as authorizing the delegates to exercise that power in a manner that curtails or dilutes fundamental rights.

In January 2018, Judge Wynn wrote the majority opinion for a three-judge panel which struck down North Carolina's congressional districts on grounds that the state's 2016 districting plan constituted a partisan gerrymander in violation of Article I of the Constitution, and the First and Fourteenth Amendments.[16] After the Supreme Court vacated Judge Wynn's panel opinion for reconsideration in light of Gill v. Whitford, 138 S.Ct. 1916 (2018), Judge Wynn authored a revised majority opinion for the three-judge panel again finding that North Carolina's 2016 congressional districting plan violates the Constitution.[17]

In April 2018, Wynn dissented when the court found that a Maryland law prohibiting price gouging in prescription drug prices violated the constitution’s Dormant Commerce Clause.[18][19]

Publications

• Judging the Judges, Marquette University Law Review, 86 Marq.L.Rev. 753, Spring 2003
• Military Courts and the All Writs Act: Who Supervises the Military Justice System?, Judges Journal, American Bar Association, Vol. 45, No. 3.
• Selection of State Judges, 33 U.Tol. L. Rev. 287, Winter 2002
• Ground to Stand on: Charles Hamilton Houston’s Legal Foundation for Dr. King, 9 N.C. Bar. J. (2004).
• State v. Mann, 13 N.C. 263 (N.C. 1830): Judicial Choice or Judicial Duty? (WYNN dissentiente), --- NC Law Review --, Fall 2008.

See also

• Bill Clinton judicial appointment controversies

References

1. "Wynn, James Andrew, Jr. - Federal Judicial Center". www.fjc.gov.
2. "Who Obama might pick for Fourth Circuit". Archived from the original on 2012-02-19.
3. "News & Observer: Wynn, Diaz tapped for 4th circuit". Archived from the original on 2010-03-29.
4. "White House Press Release: President Obama Nominates Judge Albert Diaz and Judge James Wynn to the Fourth Circuit Court of Appeals". Archived from the original on 2009-11-07.
5. Diana Smith, North Carolina Lawyer's Weekly, reprinted in Virginia Lawyer's Weekly, November 9, 2009, Vol. 24, No. 23, p. 3.
6. Barrett, Barbara (August 6, 2010). "Senate confirms Wynn's nomination". The News & Observer. Archived from the original on September 6, 2012. Retrieved March 4, 2017.
7. Liberty University v. Geithner (4th Cir. 2011). Text
8. (PDF) https://www.supremecourt.gov/opinions/11pdf/11-393c3a2.pdf. Missing or empty |title= (help)
9. (PDF) http://www.ca4.uscourts.gov/opinions/published/161468.p.pdf. Missing or empty |title= (help)
10. (PDF) http://www.ca4.uscourts.gov/opinions/published/124659a.p.pdf. Missing or empty |title= (help)
11. (PDF) https://www.brennancenter.org/sites/default/files/legal-work/Covington_v_NC_Memorandum_Opinion.pdf. Missing or empty |title= (help)
12. Am. Humanist Ass’n v. Md.-Nat’l Capital Park & Planning Comm’n, 891 F.3d 117 (4th Cir. 2018).
13. Note, Recent Case: En Banc Fourth Circuit Denies Rehearing of Holding that Cross-Shaped World War I Memorial Violates Establishment Clause, 132 Harv. L. Rev. 1353 (2019).
14. Note, The Supreme Court, 2018 Term — Leading Cases, 133 Harv. L. Rev. 262 (2019)
15. (PDF) https://www.ca4.uscourts.gov/opinions/172231.P.pdf. Missing or empty |title= (help)
16. Blinder, Alan; Wines, Michael (January 9, 2018). "North Carolina Congressional Map Ruled Unconstitutionally Gerrymandered". New York Times. New York. Retrieved January 10, 2018.
17. (PDF) https://www.brennancenter.org/sites/default/files/legal-work/2018-08-27-142-Memorandum%20Opinion.pdf. Missing or empty |title= (help)
18. Note, Recent Case: Fourth Circuit Invalidates Maryland Statute Regulating Price Gouging in the Sale of Generic Drugs, 132 Harv. L. Rev. 1748 (2019).
19. Association for Accessible Medicines v. Frosh, 887 F.3d 664 (4th Cir. 2018).

External links

• James A. Wynn Jr. at the Biographical Directory of Federal Judges, a public domain publication of the Federal Judicial Center.
• Appearances on C-SPAN
• James Wynn at Ballotpedia
• News & Observer profile
• Charlotte Observer endorses Wynn for re-election

Legal offices
Preceded by Allyson Kay Duncan	Judge of the North Carolina Court of Appeals 1990–1998	Succeeded by Himself
Preceded by John Webb	Justice of the North Carolina Supreme Court 1998	Succeeded by George L. Wainwright Jr.
Preceded by Himself	Judge of the North Carolina Court of Appeals 1999–2010	Succeeded by Cressie Thigpen
Preceded by James Dickson Phillips Jr.	Judge of the United States Court of Appeals for the Fourth Circuit 2010–present	Incumbent