Thomas Edward Fairchild

Thomas Edward Fairchild was a United States Circuit Judge who served on the U.S. Court of Appeals for the Seventh Circuit from 1966 to 1981, including six years as Chief Judge from 1975 to 1981. Born in Milwaukee, Wisconsin, on December 25, 1912, and passing away on February 12, 2007, Fairchild had a distinguished career in public service that spanned the legal and political spheres. Before his federal appellate appointment by President Lyndon B. Johnson, a Democrat, Fairchild served as Wisconsin's Attorney General, as a United States Attorney, and as a justice on the Wisconsin Supreme Court. His career was marked by involvement in efforts to strengthen the Democratic Party in Wisconsin during an era of Republican dominance and by advocacy for civil rights and progressive policies.

Early life and legal career

Thomas Edward Fairchild was born into a family with deep roots in Wisconsin's legal establishment. His father, Edward T. Fairchild, served on the Wisconsin Supreme Court from 1930 through 1957 and held the position of chief justice during the final three years of his tenure. This family background provided the younger Fairchild with early exposure to the judiciary and legal profession.

Fairchild completed his secondary education at Riverside High School in 1929. He then pursued higher education at Cornell University, where he earned a Bachelor of Arts degree in 1934. Following his undergraduate studies, he returned to Wisconsin to attend the University of Wisconsin Law School, receiving his Bachelor of Laws degree in 1938.

Upon completing his legal education, Fairchild entered private practice in Portage, Wisconsin, where he formed a partnership with Daniel H. Grady. His private practice was interrupted by World War II-era government service. In 1941, he accepted an appointment as a hearing commissioner for the Office of Price Administration, serving in both Chicago, Illinois, and Milwaukee from 1941 to 1945. This position involved administrative work related to wartime price controls. After the war ended, Fairchild returned to private practice, this time in Milwaukee, where he practiced from 1945 to 1948.

In 1948, Fairchild became actively involved in an ambitious effort to revitalize the Democratic Party in Wisconsin, a state where Republicans had dominated electoral politics for approximately fifty years. That same year, he launched his first campaign for statewide office, running for Attorney General of Wisconsin. The race featured unusual circumstances: the incumbent Republican Attorney General, Grover L. Broadfoot, had been appointed to fill the unexpired term of John E. Martin, who had resigned to accept appointment to the Wisconsin Supreme Court, but Broadfoot was defeated in the Republican primary. Fairchild's Republican opponent in the general election was Don Martin, who initially benefited from name recognition due to sharing a surname with the previous five-term Attorney General. However, Martin's campaign was severely damaged when he was charged with public intoxication following an incident in downtown Madison. Fairchild won the election and was the only Democrat to win statewide office that year. Following the election, the outgoing appointed Attorney General Broadfoot resigned, allowing Fairchild to be appointed and begin his term two months early.

As Attorney General, Fairchild developed a reputation for pursuing policies based on principle rather than political expediency. He became a strong advocate for civil rights and equal protection under the law. While Wisconsin did not have the formal segregation laws that existed in southern states and actually had statutes prohibiting denial of equal access to public facilities, de facto segregation practices persisted. Fairchild actively challenged these practices, including bringing a lawsuit against the City Manager of Beloit regarding the apparent segregation of two public swimming pools. He dismissed the suit only after obtaining sworn testimony that African Americans would be welcomed at both facilities.

Fairchild exercised his authority as Attorney General across a range of politically sensitive issues. He issued an opinion declaring that a popular baseball tally card game that awarded prizes constituted illegal gambling. He asserted the state government's right to establish standards for counties administering jointly funded state and federal benefits programs, even when many counties were not meeting those standards. He supported the rent control policies of Socialist Milwaukee Mayor Frank Zeidler. He opined that public school release time for religious instruction of Catholic students violated the Wisconsin Constitution. His most controversial decision was an opinion finding that several radio and television programs that gave away prizes to audiences constituted illegal gambling.

In 1950, rather than seeking re-election as Attorney General, Fairchild challenged incumbent Republican United States Senator Alexander Wiley, who was pursuing a third term. Fairchild narrowly secured the Democratic nomination after competing against Milwaukee Mayor Daniel Hoan, labor-backed candidate William Sanderson, and former United States Congressman LaVern Dilweg, who was also a former professional football player who had won three championships with the Green Bay Packers. Fairchild campaigned on a liberal platform endorsing President Harry Truman's Fair Deal, advocating for expansion of Social Security to supplement or replace medical insurance and for redistribution of income to prevent wealth concentration. He also took an early public stand against Wisconsin's junior senator, Joseph McCarthy, who had recently begun making accusations of communist infiltration in the federal government, stating that McCarthy brought shame to Wisconsin. Despite vigorous campaigning, Fairchild was defeated by approximately 80,000 votes.

Following his Senate campaign, Fairchild's abilities gained recognition at the federal level. In 1951, President Truman nominated him to serve as United States Attorney for the Western District of Wisconsin. Notably, his former opponent Alexander Wiley wrote a statement endorsing the nomination. Fairchild was confirmed by the Senate in March 1951. He briefly served as a consultant for the Office of Price Stabilization in 1951 before his confirmation as U.S. Attorney. In 1952, as the Democratic Party of Wisconsin made defeating Senator McCarthy a priority, a "Draft Fairchild" movement emerged among state Democrats, and in July 1952 Fairchild resigned from his position as U.S. Attorney in response to this pressure.

Federal appellate service

Thomas Edward Fairchild was appointed to the United States Court of Appeals for the Seventh Circuit by President Lyndon B. Johnson, a Democrat. He was confirmed by the Senate on August 10, 1966, and assumed his position on the court, filling the seat designated CA70106. This appointment marked the beginning of a lengthy tenure on one of the nation's federal appellate courts, which hear appeals from federal district courts in their respective circuits. The Seventh Circuit has jurisdiction over appeals from federal courts in Illinois, Indiana, and Wisconsin.

Fairchild served as an active circuit judge for fifteen years, from 1966 to 1981. During this period, he participated in the court's work of reviewing lower court decisions, interpreting federal law, and establishing precedent within the circuit. His service coincided with significant developments in federal law across numerous areas, as the federal courts grappled with implementing civil rights legislation, addressing criminal procedure reforms, and interpreting expanding federal regulatory authority.

In 1975, Fairchild was elevated to the position of Chief Judge of the Seventh Circuit, the administrative head of the court. As Chief Judge, he would have been responsible for the court's administrative operations, assignment of cases, and representation of the court in ceremonial and official capacities. He served in this leadership role for six years, from 1975 until 1981, when his active service on the court concluded. The position of Chief Judge is typically determined by seniority among active judges who meet age and service requirements.

Jurisprudence and legacy

Thomas Edward Fairchild's career in public service spanned multiple decades and various roles within the legal system, from state-level political office to the federal judiciary. His trajectory from Attorney General of Wisconsin to United States Attorney to state supreme court justice and finally to federal circuit judge reflected a progression through increasingly prominent judicial positions. His early career demonstrated a willingness to take positions on controversial issues, from challenging segregation practices to opposing Senator McCarthy during the height of the Red Scare, suggesting a judicial philosophy informed by commitment to civil rights and constitutional principles.

As a federal appellate judge, Fairchild would have participated in the collegial decision-making process characteristic of circuit courts, where panels of three judges typically hear cases and issue opinions. His service during the 1960s and 1970s placed him on the bench during a transformative period in American law, when federal courts were actively involved in interpreting the scope of civil rights protections, criminal procedure requirements, and federal regulatory authority. His tenure as Chief Judge from 1975 to 1981 positioned him to influence not only individual case outcomes but also the administrative functioning of an important federal appellate court.

Fairchild's background in Wisconsin politics and his experience as both a prosecutor and state attorney general would have provided him with practical perspectives on the relationship between federal and state authority, the implementation of legal policy, and the real-world effects of judicial decisions. His family connection to the Wisconsin judiciary through his father's long service on the state supreme court, combined with his own varied career path, gave him a comprehensive understanding of the American legal system at multiple levels. He passed away on February 12, 2007, having contributed more than four decades to the federal judiciary.