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. This left the seat vacated by Judge J. Dickson Phillips Jr. in 1994 vacant until Wynn's ultimate confirmation in 2010. 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 The nomination was withdrawn by President George W. Bush two months later. Nomination under Obama 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 was sworn into office on August 10, 2010. Other activities 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. Prince Hall of Masons, 33rd Degree Mason Chair, Board of Deacons at his church Notable cases Liberty University, Inc. v. Geithner, 671 F.3d 391 (4th Cir. 2011) 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