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. G. G. v. Gloucester County School Board, 972 F.3d 586 (4th Cir. 2020) In August 2020, Wynn joined the majority in G. G. v. Gloucester County School Board. In a 2–1 decision, the court held that a Virginia school board violated Title IX when it prevented a transgender man from using the boys' bathroom. Judge Henry F. Floyd wrote for the majority that "[a]t the heart of this appeal is whether equal protection and Title IX can protect transgender students from school bathroom policies that prohibit them from affirming their gender. We join a growing consensus of courts in holding that the answer is resoundingly yes." Wynn, concurring, wrote thatthe Board's classification on the basis of "biological gender"—defined in this appeal as the sex marker on a student's birth certificate—is arbitrary and provides no consistent reason to assign transgender students to bathrooms on a binary male/female basis. Rather, the Board's use of "biological gender" to classify students has the effect of shunting individuals like Grimm—who may not use the boys’ bathrooms because of their "biological gender," and who cannot use the girls’ bathrooms because of their gender identity—to a third category of bathroom altogether: the “alternative appropriate private facilit[ies]" established in the policy for "students with gender identity issues." That is indistinguishable from the sort of separate-but-equal treatment that is anathema under our jurisprudence. No less than the recent historical practice of segregating Black and white restrooms, schools, and other public accommodations, the unequal treatment enabled by the Board's policy produces a vicious and ineradicable stigma.The Supreme Court declined to grant review, leaving the Fourth Circuit's holding in place. Hirschfeld v. Bureau of Alcohol, Firearms, Tobacco and Explosives, 5 F.4th 407 (4th Cir. 2021) In July 2021, Wynn dissented from a Fourth Circuit panel's decision to strike down as unconstitutional a longstanding federal statute preventing federally licensed gun dealers from selling handguns to individuals under the age of 21. Cawthorn v. Amalfi, 35 F.4th 245 (4th Cir. 2022) In a concurring opinion, Wynn became the first federal appellate judge to conclude that Article I, Section 5 does not render states "powerless to regulate candidates or ballot access" for congressional office. He observed that by its plain terms, Article I, Section 5 "only applies