Raymond Fisher

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Raymond Fisher
Image of Raymond Fisher

Nonpartisan

Prior offices
United States Court of Appeals for the 9th Circuit

Education

Bachelor's

University of California, Santa Barbara, 1961

Law

Stanford Law School, 1966

Personal
Birthplace
Oakland, Calif.


Raymond C. Fisher is a federal judge on senior status with the United States Court of Appeals for the 9th Circuit in San Francisco. He joined the court in 1999 after being nominated by President Bill Clinton. Judge Fisher assumed senior status on April 1, 2013.[1] His service ended when he died on February 29, 2020.[2]

Early life and education

Born in Oakland, California, Fisher graduated from the University of California, Santa Barbara, with his bachelor's degree in 1961, and from Stanford Law School with his LL.B. in 1966.[1]

Professional career

Judicial career

Ninth Circuit Court of Appeals

Nomination Tracker
Fedbadgesmall.png
Nominee Information
Name: Raymond C. Fisher
Court: United States Court of Appeals for the 9th Circuit
Progress
Confirmed 204 days after nomination.
ApprovedANominated: March 15, 1999
ApprovedAABA Rating: Unanimously Well Qualified
Questionnaire:
ApprovedAHearing: July 29, 1999
QFRs: (Hover over QFRs to read more)
ApprovedAReported: July 29, 1999 
ApprovedAConfirmed: October 5, 1999
ApprovedAVote: 69-29

Fisher was nominated to the United States Court of Appeals for the 9th Circuit by President Bill Clinton on March 15, 1999, to a seat vacated by David R. Thompson. The American Bar Association rated Fisher Unanimously Well Qualified for the nomination.[3] Hearings on Fisher's nomination were held before the United States Senate Committee on the Judiciary on July 29, 1999, and his nomination was reported by U.S. Sen. Orrin Hatch (R-Utah) the same day. Fisher was confirmed on a recorded 69-29 vote of the U.S. Senate on October 5, 1999, and he received his commission on October 12, 1999. Fisher assumed senior status on March 31, 2013.[1][4] He was succeeded in this position by Judge Michelle T. Friedland. His service on senior status ended when he died on February 29, 2020.[2]

Noteworthy cases

Americans for Prosperity Foundation v. Becerra (2019)
See also: United States Court of Appeals for the Ninth Circuit (Americans for Prosperity Foundation v. Becerra, 2:14-cv-09448-R-FFM)

On March 29, 2019, the United States Court of Appeals for the Ninth Circuit declined a request for en banc review of an earlier judgment upholding a California donor disclosure law. In an en banc review, the entire bench takes up the case, as opposed to the customary three-judge panel that typically hears appeals.[5]

The law in question requires nonprofit organizations to file copies of their IRS 990 forms with the state. Schedule B of this form includes the names and addresses of all individuals who donate more than $5,000 to the organization in a given tax year. The California law requires that nonprofits furnish the state with Schedule B forms. Although the law does not provide for the public release of Schedule B information, court documents indicate inadvertent disclosures have occurred. Americans for Prosperity Foundation filed suit against the state in federal court, alleging a violation of their First Amendment rights. In 2016, Judge Manuel Real, appointed to the United States District Court for the Central District of California by President Lyndon Johnson (D), found in favor of the plaintiff and enjoined the state from collecting Schedule B information from Americans for Prosperity Foundation.[6]

A three-judge panel of the Ninth Circuit unanimously overturned Real's ruling in 2018. That panel comprised Judges Raymond Fisher, Richard Paez, and Jacqueline Nguyen. Fisher and Paez were appointed to the court by President Bill Clinton (D); Nguyen was appointed by President Barack Obama (D). Americans for Prosperity Foundation petitioned the Ninth Circuit for en banc review. That petition was rejected on March 29, 2019, with five judges dissenting.[7]

Judge Sandra Ikuta, appointed to the court by President George W. Bush (R), wrote the following in the dissent: “Under the panel’s analysis, the government can put the First Amendment associational rights of members and contributors at risk for a list of names it does not need, so long as it promises to do better in the future to avoid public disclosure of the names. Given the inability of governments to keep data secure, this standard puts anyone with controversial views at risk. We should have reheard this case en banc to reaffirm the vitality of NAACP v. Alabama’s protective doctrine, and to clarify that Buckley’s watered-down standard has no place outside of the electoral context." Judges Consuelo Maria Callahan, Carlos Bea, Mark J. Bennett, and Ryan D. Nelson joined the dissent. Callahan and Bea were appointed to the court by Bush; Bennett and Nelson were appointed by President Donald Trump (R).[7]

Judges Fisher, Paez, and Nguyen wrote in response to the dissent, "Requiring the nonpublic disclosure of Schedule B information comports with the freedom of association protected by the First Amendment because it allows state and federal regulators to protect the public from fraud without exposing contributors to the threats, harassment or reprisals that might follow public disclosure."[7]

Dave Abrams, a spokesman for Americans for Prosperity Foundation, said, "We’re assessing the order and reviewing options. We appreciate the dissent’s recognition of why this case is so important. We’re committed to championing First Amendment liberties for all Americans and speaking out against measures that risk chilling diverse public discourse."[5]

See also

External links

Footnotes

  1. ↑ 1.0 1.1 1.2 1.3 Federal Judicial Center, "Biographical directory of federal judges," accessed July 12, 2016
  2. ↑ 2.0 2.1 Law.com, "A 'Rare' Judge: 9th Circuit's Raymond Fisher Dies at 80," March 4, 2020
  3. ↑ American Bar Association, "Ratings of Article III judicial nominees, 106th Congress," accessed July 12, 2016
  4. ↑ United States Congress, "PN 147 - Raymond C. Fisher - The Judiciary," accessed July 12, 2016
  5. ↑ 5.0 5.1 Politico, "Koch group won’t get broader appeals court review in donor secrecy fight," March 29, 2019
  6. ↑ United States District Court for the Central District of California, "Americans for Prosperity Foundation v. Harris: Order for Judgment in Favor of Plaintiff," April 21, 2016
  7. ↑ 7.0 7.1 7.2 United States Court of Appeals for the Ninth Circuit, "Americans for Prosperity Foundation v. Becerra: Order Denying Petitions for Rehearing En Banc," March 29, 2019
Political offices
Preceded by:
David R. Thompson 		Ninth Circuit Court of Appeals
1999–2013 		Succeeded by:
Michelle T. Friedland




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