Meet Tom Fisher: Vice President and Director of Litigation for EdChoice Legal Advocates 

Growing up as the son of an attorney in Jasper County, Indiana, Tom Fisher knew early on that he was interested in a career in public service.  

“As a consequence of [my father’s] commitment to public service, I was inspired and generally drawn to public affairs,” Tom recalls. “When I was in college, I thought I’d get into the political game, maybe as a candidate or a consultant.” 

However, after volunteering for a few campaigns, Tom realized his need for more substantial intellectual engagement. Influenced by his father’s dedication to the law, Tom attended Wabash College and then Indiana University Maurer School of Law, institutions that shaped his view of the American political and legal systems and lay the groundwork for his career.  

“Law school introduced me to a whole new array of possibilities for how I could work in public life,” he said. “The choices I made and the options I had as a consequence of going to law school were not necessarily what I expected going in. They were much better.  And I began to see a career in the law as a calling.”  

Following law school, Tom clerked for a federal judge on the 7th Circuit U.S. Court of Appeals. In this role, he aided a judge who sits one level below the U.S. Supreme Court – the last stop for most cases. As a clerk, he would help the judge think about the cases, write opinions and prepare for arguments.    

“It’s a great way to learn from somebody who’s very experienced and knowledgeable about the law. It also opens a lot of doors that may not otherwise open.” 

Tom’s career path took an unexpected turn when he received recruitment letters from prestigious law firms in Washington, D.C.  

“I ended up going to a firm called Jones Day, one of the world’s largest law firms,” he said. At Jones Day, Tom worked in the issues and appeals practice, focusing on U.S. Supreme Court work and other significant appellate matters. “It was a lot of hard work, but I enjoyed it,” he said.  

During this time, he became aware of the role of the state solicitor general, a position that intrigued him. “Everybody at Jones Day was talking about a former associate who had just left to become the Ohio solicitor general. I thought, ‘That sounds like an awesome job. How do I get that job?’”  

After a few years in D.C., the desire to start a family brought Tom and his wife Cathy back to Indiana, where he continued to build his legal career—and to keep his eyes out for an opportunity to become a state solicitor general. In Indiana, Tom worked for Baker & Daniels (now Faegre Drinker), where he was mentored by accomplished attorneys and continued to gain valuable experience, including both state trial court and U.S. Supreme Court briefing experience. One of his mentors who formerly worked for the Indiana attorney general encouraged Tom to consider doing the same during his career.  

When Steve Carter was elected Indiana attorney general in 2000, Tom heard the call he had been preparing for and applied to work as a deputy attorney general. Indiana did not at that point have a solicitor general position, so Carter hired Tom as special counsel, a role that allowed him to work on a variety of challenging constitutional law cases.  

“I worked on tobacco regulation, multi-state consumer protection matters, and defending state statutes, particularly those related to abortion regulation and telephone privacy laws,” he said. This role eventually led to his appointment as Indiana’s first solicitor general in 2005, and in that role, he argued five times at the Supreme Court of the United States and developed a wealth of experience in federal and state courts. 

Among other cases, Tom represented Indiana officials in successfully defending Indiana’s Choice Scholarship Program in the seminal state constitutional case Meredith v. Pence, which resulted in a unanimous opinion upholding vouchers in Indiana. 

During his 18 years as solicitor general, Tom became one of the top appellate litigators in the country. In 2018, Tom was named to the American Academy of Appellate Lawyers, and in 2023 Wabash College awarded him the prestigious Peck Senior Medal and Governor Eric Holcomb named him a Sagamore of the Wabash. 

After a long and distinguished career in public service, EdChoice offered Tom the opportunity to lead build a litigation team that would defend school choice programs around the country.  

“When Robert Enlow and Tim Oakes approached me, it seemed like a good opportunity to expand my horizons and do something new and impactful for the school choice movement,” he said.  

With Tom on board, EdChoice created EdChoice Legal Advocates, or EdLA. And in November 2023, EdChoice joined with Institute for Justice to create the Partnership for Educational Choice. For the next few years, the Partnership will defend in court the rights of families to choose the best educational options for their children. Eventually, EdLA will assume all school choice defense litigation duties from IJ. 

“We’re going into cases on behalf of parents, whose interests in directing their children’s education is most centrally at stake. This was the next call for my career—a call to work on issues I care deeply about— and I needed to answer that call,” he said. 

As the head of EdLA, Tom is excited about the future and the positive impact the organization can have on education.  

“We’re building our team, strategizing about litigation in states that have recently enacted or may soon enact school choice programs, and working on high-profile cases,” he said. “It’s a challenging job, but it’s also incredibly rewarding. Defending parents and ensuring their children have access to quality education is at the heart of what we do,” he said. “I’m excited about the future and all the great work EdLA will accomplish.” 

EdChoice Legal Advocates will litigate cases and work alongside LPEC, the Legal Policy and Education Center which will continue to provide: Legal review and guidance regarding bill drafts, constitutional questions and address and clarify tax issues that affect school choice programs; legal assistance working alongside other pro-school choice organizations to file amicus briefs and provide research and messaging advice; and legal education through speaking engagements about the importance and constitutionality of school choice. 

Editor’s Note: For more about Tom Fisher, visit his profile on our “Our Team” page.  For more information on this EdChoice Legal Advocates, including summaries of existing educational choice cases, visit: foredchoice.org.