He served in the United States Air Force as a lieutenant from 1951 to 1953, before attending the Fredric G. Levin College of Law at the University of Florida, where he received his Juris Doctor in 1956.

He discussed state–federal issues, specifically the proposal of having state and federal judges sitting together on a case in order to save time and judicial resources.

[3] Fay was nominated by Gerald Ford to the United States Court of Appeals for the Fifth Circuit on June 11, 1976, to the seat vacated by Judge David W. Dyer.

Fay was reassigned to the United States Court of Appeals for the Eleventh Circuit, to a new seat authorized by 94 Stat.

[3] Paul Huck, a fellow judge, recounted how Fay employed "generous wording" in his opinions.

Fay also had the "unique ability" of making lawyers content with his judgments, even if they were on the losing side.

Judge Fay continues to perform substantial work for the Court of Appeals and the citizens of the Eleventh Circuit.