Background
Fay was born in 1929 in Rochester, New New York
Fay was born in 1929 in Rochester, New New York
Rollins College; University of Florida.
He received his Bachelor of Arts degree in 1951 from Rollins College. He served in the United States. Air Force as a lieutenant from 1951 to 1953 before attending the University of Florida College of Law, where he received his Juris Doctor in 1956. Fay was in private practice in Miami, Florida from 1956 to 1970.
Fay practiced at Patton & Kanner in 1956, Nichols, Gaither, Green, Frates & Beckham from 1956 to 1961, and Frates, Fay, Floyd & Pearson from 1961 to 1970.
President Richard Nixon nominated Fay to the United States District Court for the Southern District of Florida on October 7, 1970, to a new seat created by 84 Statistics 294. Confirmed by the Senate on October 13, 1970, he received commission three days later.
President Gerald Ford nominated Fay to the United States Court of Appeals for the Fifth Circuit on June 11, 1976, to the seat vacated by David William Dyer. Confirmed by the Senate on September 17, 1976, he received commission four days later.
Fay was reassigned to the United States Court of Appeals for the Eleventh Circuit on October 1, 1981.
He assumed senior status on January 19, 1994. On February 14, 2015, it was revealed in a New York Times article that potential Republican Party 2016 presidential candidate Jeb Bush lobbied his father, President George Heriot-Watt University Bush in letter sent August 7, 1989, to appoint Fay to the Supreme Court of the United States.