William Cameron Canby Jr. (born May 22, 1931) is a

Senior Senior (shortened as Sr.) means "the elder" in Latin and is often used as a suffix for the elder of two or more people in the same family with the same given name, usually a parent or grandparent. It may also refer to: * Senior (name), a surname ...

United States circuit judge In the United States, federal judges are judges who serve on courts established under Article Three of the U.S. Constitution. They include the chief justice and the associate justices of the U.S. Supreme Court, the circuit judges of the U.S ...

of the

United States Court of Appeals for the Ninth Circuit The United States Court of Appeals for the Ninth Circuit (in case citations, 9th Cir.) is the U.S. federal court of appeals that has appellate jurisdiction over the U.S. district courts in the following federal judicial districts: * Distri ...

, sitting in Phoenix,

Arizona Arizona ( ; nv, Hoozdo Hahoodzo ; ood, Alĭ ṣonak ) is a U.S. state, state in the Southwestern United States. It is the list of U.S. states and territories by area, 6th largest and the list of U.S. states and territories by population, 14 ...

. As both a professor at

Arizona State University Arizona State University (Arizona State or ASU) is a public research university in the Phoenix metropolitan area. Founded in 1885 by the 13th Arizona Territorial Legislature, ASU is one of the largest public universities by enrollment in t ...

College of Law and a Circuit Judge of the United States Court of Appeals for the Ninth Circuit, Canby has become known as an authority on American Indian law. He has authored

law review A law review or law journal is a scholarly journal or publication that focuses on legal issues. A law review is a type of legal periodical. Law reviews are a source of research, imbedded with analyzed and referenced legal topics; they also pr ...

articles, a major textbook, and the West Nutshell Series primer on the subject. While still a professor at ASU, Canby successfully argued the case of ''

Bates v. State Bar of Arizona ''Bates v. State Bar of Arizona'', 433 U.S. 350 (1977), was a United States Supreme Court case in which the Court upheld the right of lawyers to advertise their services.. In holding that lawyer advertising was commercial speech entitled to prote ...

'', in which the Supreme Court held that the

First Amendment First or 1st is the ordinal form of the number one (#1). First or 1st may also refer to: *World record, specifically the first instance of a particular achievement Arts and media Music * 1$T, American rapper, singer-songwriter, DJ, and reco ...

allows lawyers to advertise in a manner that is not misleading to members of the general public.

Education and legal training

Born in

Saint Paul Paul; grc, Παῦλος, translit=Paulos; cop, ⲡⲁⲩⲗⲟⲥ; hbo, פאולוס השליח (previously called Saul of Tarsus;; ar, بولس الطرسوسي; grc, Σαῦλος Ταρσεύς, Saũlos Tarseús; tr, Tarsuslu Pavlus; ...

Minnesota Minnesota () is a state in the upper midwestern region of the United States. It is the 12th largest U.S. state in area and the List of U.S. states and territories by population, 22nd most populous, with over 5.75 million residents. Minne ...

, Canby earned his

Bachelor of Arts Bachelor of arts (BA or AB; from the Latin ', ', or ') is a bachelor's degree awarded for an undergraduate program in the arts, or, in some cases, other disciplines. A Bachelor of Arts degree course is generally completed in three or four yea ...

degree from

Yale University Yale University is a Private university, private research university in New Haven, Connecticut. Established in 1701 as the Collegiate School, it is the List of Colonial Colleges, third-oldest institution of higher education in the United Sta ...

in 1953 on an

ROTC The Reserve Officers' Training Corps (ROTC ( or )) is a group of college- and university-based officer-training programs for training commissioned officers of the United States Armed Forces. Overview While ROTC graduate officers serve in all ...

scholarship, graduating

summa cum laude Latin honors are a system of Latin phrases used in some colleges and universities to indicate the level of distinction with which an academic degree has been earned. The system is primarily used in the United States. It is also used in some So ...

and

Phi Beta Kappa The Phi Beta Kappa Society () is the oldest academic honor society in the United States, and the most prestigious, due in part to its long history and academic selectivity. Phi Beta Kappa aims to promote and advocate excellence in the liberal a ...

. He then earned a

Bachelor of Laws Bachelor of Laws ( la, Legum Baccalaureus; LL.B.) is an undergraduate law degree in the United Kingdom and most common law jurisdictions. Bachelor of Laws is also the name of the law degree awarded by universities in the People's Republic of ...

from the

University of Minnesota Law School The University of Minnesota Law School is the law school of the University of Minnesota, located in Minneapolis, Minnesota. The school confers four law degrees: a Juris Doctor (J.D.), a Master of Laws (LL.M.), a Master of Science in Patent Law ( ...

in 1956, graduating

Order of the Coif The Order of the Coif is an honor society for United States law school graduates. The name is a reference to the ancient English order of advocates, the serjeants-at-law, whose courtroom attire included a coif—a white lawn or silk skullcap ...

, before clerking for Justice

Charles Evans Whittaker Charles Evans Whittaker (February 22, 1901 – November 26, 1973) was an Associate Justice of the United States Supreme Court from 1957 to 1962. After working in private practice in Kansas City, Missouri, he was nominated for the United States Di ...

of the

United States Supreme Court The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point ...

Professional career

Canby was a

lieutenant A lieutenant ( , ; abbreviated Lt., Lt, LT, Lieut and similar) is a commissioned officer rank in the armed forces of many nations. The meaning of lieutenant differs in different militaries (see comparative military ranks), but it is often ...

in the

JAG Corps The Judge Advocate General's Corps, also known as JAG or JAG Corps, is the military justice branch or specialty of the United States Air Force, Army, Coast Guard, Marine Corps and Navy. Officers serving in the JAG Corps are typically called judg ...

of the

United States Air Force The United States Air Force (USAF) is the air service branch of the United States Armed Forces, and is one of the eight uniformed services of the United States. Originally created on 1 August 1907, as a part of the United States Army S ...

from 1956 to 1958. He was in private practice in Saint Paul from 1959 to 1962 before joining the

Peace Corps The Peace Corps is an independent agency and program of the United States government that trains and deploys volunteers to provide international development assistance. It was established in March 1961 by an executive order of President John ...

. He was an Associate Director of the Peace Corps for

Ethiopia Ethiopia, , om, Itiyoophiyaa, so, Itoobiya, ti, ኢትዮጵያ, Ítiyop'iya, aa, Itiyoppiya officially the Federal Democratic Republic of Ethiopia, is a landlocked country in the Horn of Africa. It shares borders with Eritrea to the Er ...

from 1962 to 1963 and then Deputy Director for Ethiopia from 1963 to 1964. He was then Director for

Uganda }), is a landlocked country in East Africa. The country is bordered to the east by Kenya, to the north by South Sudan, to the west by the Democratic Republic of the Congo, to the south-west by Rwanda, and to the south by Tanzania. The south ...

from 1964 to 1966. He was a special assistant to

United States Senator The United States Senate is the upper chamber of the United States Congress, with the House of Representatives being the lower chamber. Together they compose the national bicameral legislature of the United States. The composition and p ...

Walter Mondale Walter Frederick "Fritz" Mondale (January 5, 1928 – April 19, 2021) was an American lawyer and politician who served as the 42nd vice president of the United States from 1977 to 1981 under President Jimmy Carter. A U.S. senator from Minnesot ...

in 1966 before leaving government service. He was a special assistant to President

Harris Wofford Harris Llewellyn Wofford Jr. (April 9, 1926 – January 21, 2019) was an American attorney, civil rights activist, and Democratic Party politician who represented Pennsylvania in the United States Senate from 1991 to 1995. A noted advocate of nat ...

of the

State University of New York at Old Westbury The State University of New York College at Old Westbury (SUNY at Old Westbury) is a public college in Old Westbury, New York, with portions in the neighboring town of Jericho, New York. It enrolls just over 5,000 students. History The State Un ...

in 1967 and then a professor of law at

from 1967 to 1980 and during that time was Director of the Office of Indian Law at the

Arizona State University College of Law The Sandra Day O'Connor College of Law (ASU Law) is one of the professional graduate schools at Arizona State University in Phoenix, Arizona. The school is located in the Beus Center for Law and Society on ASU's downtown Phoenix campus. The law ...

. From 1970 to 1971 he was a visiting

Fulbright The Fulbright Program, including the Fulbright–Hays Program, is one of several United States Cultural Exchange Programs with the goal of improving intercultural relations, cultural diplomacy, and intercultural competence between the people ...

professor of law at

Makerere University Makerere University, Kampala (; Mak) is Uganda's largest and oldest institution of higher learning, first established as a technical school in 1922. It became an independent national university in 1970. Today, Makerere University is composed of n ...

in Kampala, Uganda.

Federal judicial service

Canby was nominated by President

Jimmy Carter James Earl Carter Jr. (born October 1, 1924) is an American politician who served as the 39th president of the United States from 1977 to 1981. A member of the Democratic Party, he previously served as the 76th governor of Georgia from 19 ...

on April 2, 1980, to a seat on the

vacated by Judge Ozell Miller Trask. He was confirmed by the

United States Senate The United States Senate is the upper chamber of the United States Congress, with the House of Representatives being the lower chamber. Together they compose the national bicameral legislature of the United States. The composition and ...

on May 21, 1980, and received his commission on May 23, 1980. Canby assumed

senior status Senior status is a form of semi- retirement for United States federal judges. To qualify, a judge in the federal court system must be at least 65 years old, and the sum of the judge's age and years of service as a federal judge must be at leas ...

on May 23, 1996.

Notable rulings

In 1995, Canby held that the Tenth Amendment was not violated by provisions of the

Brady Handgun Violence Prevention Act The Brady Handgun Violence Prevention Act ( Pub.L. 103–159, 107 Stat. 1536, enacted November 30, 1993), often referred to as the Brady Act or the Brady Bill, is an Act of the United States Congress that mandated federal background checks on f ...

that required local and state law enforcement officials to conduct background checks of handgun buyers. The Supreme Court reversed in ''

Printz v. United States ''Printz v. United States'', 521 U.S. 898 (1997), was a United States Supreme Court case in which the Court held that certain interim provisions of the Brady Handgun Violence Prevention Act violated the Tenth Amendment to the United States Constit ...

''. In 2001, Canby wrote a unanimous panel decision holding that the

Americans with Disabilities Act The Americans with Disabilities Act of 1990 or ADA () is a civil rights law that prohibits discrimination based on disability. It affords similar protections against discrimination to Americans with disabilities as the Civil Rights Act of 19 ...

required the Professional Golfers Association to allow disabled golfer

Casey Martin Casey Martin (born June 2, 1972) is an American professional golfer and the current men's golf head coach at the University of Oregon. Early life Martin was born in Eugene, Oregon and still resides there. He was educated at Stanford University, ...

to use a golf cart when competing. The opinion was affirmed by the Supreme Court in ''

PGA Tour, Inc. v. Martin ''PGA Tour, Inc. v. Martin'', 532 U.S. 661 (2001), was a decision by the Supreme Court of the United States involving the applicability of the Americans with Disabilities Act of 1990 to professional golf tours. The PGA Tour, the main organizer of ...

''. On February 4, 2017, Canby and Judge Michelle T. Friedland rejected the

Trump administration Donald Trump's tenure as the List of presidents of the United States, 45th president of the United States began with Inauguration of Donald Trump, his inauguration on January 20, 2017, and ended on January 20, 2021. Trump, a Republican Party ...

's request for an administrative stay pending the Ninth Circuit's review of an emergency motion to stay the district court's temporary restraining order in ''

State of Washington v. Trump ''State of Washington and State of Minnesota v. Trump'', 847 F.3d 1151 (9th Cir. 2017), was a lawsuit that challenged the lawfulness and constitutionality of Executive Order 13769, an executive order signed by U.S. President Donald Trump. A few ...

'', part of the ongoing court cases related to

Executive Order 13769 Executive Order 13769, titled Protecting the Nation from Foreign Terrorist Entry into the United States, labeled the "Muslim ban" by critics, or commonly referred to as the Trump travel ban, was an executive order by US President Donald Trump ...

. On February 7 Canby, Friedland, and Judge

Richard Clifton Richard Randall “Rick” Clifton (born November 13, 1950) is a senior United States circuit judge of the United States Court of Appeals for the Ninth Circuit. Education and legal training Clifton received an Artium Baccalaureus degree at Princ ...

heard oral arguments on the emergency motion to stay, with an audio feed of the telephonic argument broadcast nationwide. On February 9, the three judges denied the request for a stay of the temporary restraining order.

References

External links

* {{DEFAULTSORT:Canby, William Cameron Jr. 1931 births 20th-century American judges American legal scholars Arizona lawyers Arizona State University faculty United States Air Force Judge Advocate General's Corps Judges of the United States Court of Appeals for the Ninth Circuit Law clerks of the Supreme Court of the United States Living people Makerere University academics Military personnel from Minnesota Minnesota lawyers Peace Corps directors People from Saint Paul, Minnesota State University of New York at Old Westbury faculty United States court of appeals judges appointed by Jimmy Carter University of Minnesota Law School alumni Yale University alumni Scholars of Native American law

Education and legal training

Professional career

Federal judicial service

Notable rulings

See also

References

External links