Judge D. Michael Fisher
Third Circuit U.S. Court of Appeals
Dennis Michael Fisher was born in November 1944 in Pittsburgh, Pennsylvania. He earned an undergraduate degree and a Juris Doctor from Georgetown University. He served as an assistant district attorney for Allegheny County.
Fisher continued his law practice while serving in the Pennsylvania House of Representatives and in the state’s Senate. He was elected attorney general for the state in 1996 and won reelection four years later. He ran unsuccessfully for governor of Pennsylvania.
President George W. Bush nominated Fisher to the Third Circuit U.S. Court of Appeals in May 2003. He was confirmed by the Senate and received his commission in December of that year. He assumed senior status in 2017.
Fisher is married to Carol, and they have two children.
In the News…
The Third Circuit U.S. Court of Appeals upheld a lower court ruling that disqualified Alina Habba from serving as the U.S. Attorney for the District of New Jersey, determining that her appointment was not lawful.
The three-judge panel’s opinion was written by Judge D. Michael Fisher. It stated, “Only the first assistant in place at the time the vacancy arises automatically assumes the functions and duties of the office under the [Federal Vacancies Reform Act of 1998]. Additionally, because Habba was nominated for the vacant U.S. Attorney position, the FVRA’s nomination bar prevents her from assuming the role of Acting U.S. Attorney.”
Habba’s temporary appointment was for 120 days, which expired in July. While a panel of federal judges appointed the deputy who had served under her to head the New Jersey office, Attorney General Pam Bondi removed the deputy and appointed Habba to serve as acting U.S. attorney. The White House has referred to Habba as “interim U.S. attorney,” “acting U.S. attorney,” “first assistant U.S. attorney,” and “special attorney.”
The circuit court concluded that Habba “does not have the authority to lead the U.S. attorney’s office for the District of New Jersey under any of those titles.”
Judge Fisher wrote that U.S. Attorney’s offices “are some of the most critical agencies in the Federal Government. It is apparent that the current administration has been frustrated by some of the legal and political barriers to getting its appointees in place. Its efforts to elevate its preferred candidate for U.S. Attorney for the District of New Jersey, Alina Habba, to the role of Acting U.S. Attorney demonstrate the difficulties it has faced—yet the citizens of New Jersey and the loyal employees in the U.S. Attorney’s Office deserve some clarity and stability.”
The administration is expected to appeal the decision to the Supreme Court. President Trump’s nomination of Habba is one of over two dozen U.S. attorney appointees for whom the U.S. Senate has refused to hold confirmation hearings.
Contact this Leader…
Did you pray for Judge Fisher today? You can let him know at:
The Honorable D. Michael Fisher
Third Circuit U.S. Court of Appeals
James A. Byrne U.S. Courthouse
601 Market Street
Philadelphia, PA 19106
