James Andrew Wynn

Prince Hall of Masons, 33rd Degree Mason

Chair, Board of Deacons at his church

In a concurring opinion, Wynn became the first federal judge, and only lower-federal-court judge, to conclude that Congress had the authority to establish the individual mandate in the Affordable Care Act pursuant to its plenary taxing power.

The Supreme Court subsequently upheld the individual mandate under that theory in NFIB v. Sebelius.

James Andrew Wynn Jr. (born March 17, 1954) is an American jurist.

He serves as a United States circuit judge of the United States Court of Appeals for the Fourth Circuit and formerly served on both the North Carolina Court of Appeals and the North Carolina Supreme Court.

Wynn grew up in the Eastern North Carolina community of Robersonville, one of eight children.

His family operated a farm on which he worked during his childhood.

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 the University of Virginia School of Law (Master of Laws, Judicial Process, 1995).

Following graduation from law school, Wynn served for four years on active duty in the Judge Advocate General's Corps, U.S. Navy.

He was stationed in Norfolk, Virginia.

He continued his service for 26 more years in the U.S. Naval Reserve, which included service as a military judge.

From 1990 to 2010, Wynn served on both the North Carolina Court of Appeals and the Supreme Court of North Carolina.

This left the seat vacated by Judge J. Dickson Phillips Jr. in 1994 vacant until Wynn's ultimate confirmation in 2010.

On August 5, 1999, President Bill Clinton nominated Wynn to serve on the United States Court of Appeals for the Fourth Circuit to fill a vacancy created by Judge James Dickson Phillips Jr.'s decision to take senior status in 1994.

The nomination was part of an effort to integrate the Fourth Circuit, which, despite representing the largest per-capita African American population of any judicial circuit, had never had an African American judge.

At the time, the Fourth Circuit was the only circuit to never have had a person of color serve as a circuit judge.

Citing testimony before the U.S. Senate that the Fourth Circuit did not need any more judges, North Carolina Senator Jesse Helms refused to submit a blue slip that would have allowed Wynn a hearing before the U.S. Senate Judiciary Committee.

It also left the court without North Carolina representation for four years (from the death of Judge Samuel Ervin III in September 1999 until Judge Allyson Kay Duncan arrived on the court in August 2003).

Ultimately, President Clinton issued a recess appointment to Judge Roger Gregory of Virginia in December 2000, making him the first African American judge to sit on the Fourth Circuit.

President Clinton nominated Wynn a second time on January 3, 2001, shortly before leaving office.

The nomination was withdrawn by President George W. Bush two months later.

He retired in 2009 at the rank of captain.

Following his active-duty military service, Wynn briefly served as an Assistant Appellate Defender for the State of North Carolina before joining the Wilson, North Carolina law firm of Fitch & Butterfield—later known as Fitch, Butterfield & Wynn.

On November 4, 2009, President Barack Obama nominated Wynn and Special Superior Court Judge for Complex Business Cases Albert Diaz for seats on the Fourth Circuit.

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.

His nomination was confirmed by the full Senate on August 5, 2010, by unanimous consent.

He received his commission on August 10, 2010.

On January 9, 2024, he announced his intent to assume senior status upon confirmation of a successor.

Marquette University Board of Trustees (Chair of University’s Athletic Committee)

Former Member of Board of Directors, American Bar Endowment (Chair, Finance Committee)

Former Member of Board of Trustees, Pitt Community College, Winterville, NC

Special Advisor to the Board of Directors for American Bar Association’s Rule of Law Initiative

Life Member, National Conference of Uniform Law Commissioners

Member, American Law Institute

Immediate Past Chair, American Bar Association's Center for Human Rights

Life Member, Kappa Alpha Psi, Inc.

Member, Sigma Pi Phi, Inc.

In 2014, Wynn wrote the majority opinion preliminarily enjoining portions of a North Carolina law that denied minority groups equal access to voting.

League of Women Voters of North Carolina v. North Carolina, 769 F.3d 224 (4th Cir. 2014).