Charles H. Fahy
Encyclopedia
United States federal judge
In the United States, the title of federal judge usually means a judge appointed by the President of the United States and confirmed by the United States Senate in accordance with Article II of the United States Constitution....
on the United States Court of Appeals for the District of Columbia Circuit
United States Court of Appeals for the District of Columbia Circuit
The United States Court of Appeals for the District of Columbia Circuit known informally as the D.C. Circuit, is the federal appellate court for the U.S. District Court for the District of Columbia. Appeals from the D.C. Circuit, as with all the U.S. Courts of Appeals, are heard on a...
.
Early life, education, and career
Born in Rome, GeorgiaRome, Georgia
Located in the foothills of the Appalachian Mountains, Rome is the largest city and the county seat of Floyd County, Georgia, United States. It is the principal city of the Rome, Georgia Metropolitan Statistical Area which encompasses all of Floyd County...
, Fahy was the son of Thomas and Sarah (Jonas) Fahy. Charles attended the University of Notre Dame
University of Notre Dame
The University of Notre Dame du Lac is a Catholic research university located in Notre Dame, an unincorporated community north of the city of South Bend, in St. Joseph County, Indiana, United States...
and then went to Georgetown University Law School. There he received his LL.B. in 1914 and was admitted to the D.C. bar in the same year. He served the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
in World War I
World War I
World War I , which was predominantly called the World War or the Great War from its occurrence until 1939, and the First World War or World War I thereafter, was a major war centred in Europe that began on 28 July 1914 and lasted until 11 November 1918...
as a naval aviator attached to the British and American forces. Fahy was awarded the Navy Cross
Navy Cross
The Navy Cross is the highest decoration that may be bestowed by the Department of the Navy and the second highest decoration given for valor. It is normally only awarded to members of the United States Navy, United States Marine Corps and United States Coast Guard, but can be awarded to all...
. After the war he returned to Washington, D.C.
Washington, D.C.
Washington, D.C., formally the District of Columbia and commonly referred to as Washington, "the District", or simply D.C., is the capital of the United States. On July 16, 1790, the United States Congress approved the creation of a permanent national capital as permitted by the U.S. Constitution....
and practiced law until 1924, before moving his practice to Santa Fe, New Mexico
Santa Fe, New Mexico
Santa Fe is the capital of the U.S. state of New Mexico. It is the fourth-largest city in the state and is the seat of . Santa Fe had a population of 67,947 in the 2010 census...
, where he resided until 1933. While in Sante Fe, Fahy served as the city attorney in 1932.
Executive branch service
In 1933, Fahy returned to Washington when he was appointed first assistant solicitor to the Department of the Interior. That same year he was appointed as a member of the Petroleum Administrative Board, and then served as its president from 1934-1935. As general counsel of the National Labor Relations BoardNational Labor Relations Board
The National Labor Relations Board is an independent agency of the United States government charged with conducting elections for labor union representation and with investigating and remedying unfair labor practices. Unfair labor practices may involve union-related situations or instances of...
from 1935-1940, Fahy began his career in Supreme Court litigation on behalf of labor rights. Upon the enactment of the Wagner Act in 1935, Fahy, on behalf of the NLRB, often appeared in front of both Houses of Congress to offer testimony and litigated cases in the Supreme Court brought against the government. By the time he was appointed assistant solicitor general in 1940, Fahy had already appeared eighteen times in front of the Supreme Court
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
, where his arguments were wholly sustained sixteen times and partially upheld twice.
Fahy was appointed Solicitor General
United States Solicitor General
The United States Solicitor General is the person appointed to represent the federal government of the United States before the Supreme Court of the United States. The current Solicitor General, Donald B. Verrilli, Jr. was confirmed by the United States Senate on June 6, 2011 and sworn in on June...
by President Franklin D. Roosevelt
Franklin D. Roosevelt
Franklin Delano Roosevelt , also known by his initials, FDR, was the 32nd President of the United States and a central figure in world events during the mid-20th century, leading the United States during a time of worldwide economic crisis and world war...
on November 1, 1941. While Solicitor General, Fahy continued to advocate for worker's labor rights, and was involved in cases regarding the constitutionality of wiretapping and the citizenship of American Communists.
As Solicitor General, Fahy is best known for his defense before the Supreme Court of the internment during World War II
World War II
World War II, or the Second World War , was a global conflict lasting from 1939 to 1945, involving most of the world's nations—including all of the great powers—eventually forming two opposing military alliances: the Allies and the Axis...
of over 100,000 persons of Japanese descent, most of whom were American citizens. However, his defense has been criticized in 2011 by Acting Solicitor General Neal Katyal because of falsities and factual omissions made by Fahy to the Court:
By the time the cases of Gordon HirabayashiGordon HirabayashiGordon Kiyoshi Hirabayashi is an American sociologist , best known for his principled resistance to the Japanese American internment during World War II, and the court case which bears his name, Hirabayashi v. United States.-Biography:Hirabayashi was born in Seattle to a Christian family who were...
and Fred KorematsuFred Korematsuwas one of the many Japanese-American citizens living on the West Coast during World War II. Shortly after the Imperial Japanese Navy attacked Pearl Harbor, President Franklin D. Roosevelt issued Executive Order 9066, authorizing the Secretary of War and his military commanders to require all...
reached the Supreme Court, the Solicitor General had learned of a key intelligence report that undermined the rationale behind the internment. The Ringle Report, from the Office of Naval Intelligence, found that only a small percentage of Japanese Americans posed a potential security threat, and that the most dangerous were already known or in custody. But the Solicitor General did not inform the Court of the report, despite warnings from Department of Justice attorneys that failing to alert the Court “might approximate the suppression of evidence.” Instead, he argued that it was impossible to segregate loyal Japanese Americans from disloyal ones. Nor did he inform the Court that a key set of allegations used to justify the internment, that Japanese Americans were using radio transmitters to communicate with enemy submarines off the West Coast, had been discredited by the FBI and FCC. And to make matters worse, he relied on gross generalizations about Japanese Americans, such as that they were disloyal and motivated by “racial solidarity.”
Fahy served as Solicitor General until 1945, after having argued more than 70 cases in front of the Supreme Court, before being called upon by General Dwight D. Eisenhower
Dwight D. Eisenhower
Dwight David "Ike" Eisenhower was the 34th President of the United States, from 1953 until 1961. He was a five-star general in the United States Army...
to serve as director of the legal division of the U.S. Group Control Council in Germany in the aftermath of World War II. After returning from his tour of duty in Germany, Fahy became the Legal Adviser of the Department of State
Legal Adviser of the Department of State
The Legal Adviser of the Department of State is a position within the United States Department of State. It was created by an Act of Congress on February 23, 1931 and given a rank equivalent to that of an Assistant Secretary...
. He was also a member of the U.S. Legal Committee of the General Assembly of the United Nations, held in New York City in 1946.
Federal judicial service
Fahy returned to private practice in 1947, but was again called to serve the federal government as chairman of the President's Committee on Equality of Treatment and Opportunities in Armed ForcesPresident's Committee on Equality of Treatment and Opportunity
The President's Committee on Equality of Treatment and Opportunity was formed by President Harry S Truman as part of Executive Order 9981. This committee consisted of Charles H. Fahy as chairman and four other members, two of whom were African-American...
, from 1948-1950. On October 21, 1949, Fahy received a recess appointment
Recess appointment
A recess appointment is the appointment, by the President of the United States, of a senior federal official while the U.S. Senate is in recess. The U.S. Constitution requires that the most senior federal officers must be confirmed by the Senate before assuming office, but while the Senate is in...
from Harry S Truman to a new seat on the United States Court of Appeals for the D.C. Circuit created by 63 Stat. 493. Formally nominated on January 5, 1950, Fahy was confirmed by the United States Senate
United States Senate
The United States Senate is the upper house of the bicameral legislature of the United States, and together with the United States House of Representatives comprises the United States Congress. The composition and powers of the Senate are established in Article One of the U.S. Constitution. Each...
on April 4, 1950, and received his commission on April 7, 1950. He assumed senior status
Senior status
Senior status is a form of semi-retirement for United States federal judges, and judges in some state court systems. After federal judges have reached a certain combination of age and years of service on the federal courts, they are allowed to assume senior status...
on April 17, 1967, and served in that capacity until his death.