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, a federal judge is a judge who serves on a court established under Article Three of the U.S. Constitution. Often called "Article III judges", federal judges include the chief justice and associate justices of the U.S. Su ...

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 for the following federal judicial districts: * Distric ...

, sitting in Phoenix,

Arizona Arizona is a U.S. state, state in the Southwestern United States, Southwestern region of the United States, sharing the Four Corners region of the western United States with Colorado, New Mexico, and Utah. It also borders Nevada to the nort ...

. As both a professor at

Arizona State University Arizona State University (Arizona State or ASU) is a public university, public research university in Tempe, Arizona, United States. Founded in 1885 as Territorial Normal School by the 13th Arizona Territorial Legislature, the university is o ...

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 provide ...

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'', in which the Supreme Court held that the

First Amendment First most commonly refers to: * First, the ordinal form of the number 1 First or 1st may also refer to: Acronyms * Faint Images of the Radio Sky at Twenty-Centimeters, an astronomical survey carried out by the Very Large Array * Far Infrared a ...

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, also named Saul of Tarsus, commonly known as Paul the Apostle and Saint Paul, was a Christian apostle ( AD) who spread the teachings of Jesus in the first-century world. For his contributions towards the New Testament, he is generally ...

Minnesota Minnesota ( ) is a U.S. state, state in the Upper Midwestern region of the United States. It is bordered by the Canadian provinces of Manitoba and Ontario to the north and east and by the U.S. states of Wisconsin to the east, Iowa to the so ...

, Canby earned his

Bachelor of Arts A Bachelor of Arts (abbreviated B.A., BA, A.B. or AB; from the Latin ', ', or ') is the holder of a bachelor's degree awarded for an undergraduate program in the liberal arts, or, in some cases, other disciplines. A Bachelor of Arts deg ...

degree from

Yale University Yale University is a Private university, private Ivy League research university in New Haven, Connecticut, United States. Founded in 1701, Yale is the List of Colonial Colleges, third-oldest institution of higher education in the United Stat ...

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. While ROTC graduate officers serve in all branches o ...

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 Sout ...

and

Phi Beta Kappa The Phi Beta Kappa Society () is the oldest academic honor society in the United States. It was founded in 1776 at the College of William & Mary in Virginia. Phi Beta Kappa aims to promote and advocate excellence in the liberal arts and sciences, ...

. He then earned a

Bachelor of Laws A Bachelor of Laws (; LLB) is an undergraduate law degree offered in most common law countries as the primary law degree and serves as the first professional qualification for legal practitioners. This degree requires the study of core legal subje ...

from the

University of Minnesota Law School The University of Minnesota Law School is the law school of the University of Minnesota, a public university 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 Pa ...

in 1956, graduating

Order of the Coif The Order of the Coif () is an American honor society for law school graduates. The Order was founded in 1902 at the University of Illinois College of Law. The name is a reference to the ancient English order of trial lawyers, the serjeants-at-la ...

, 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 D ...

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 turn on question ...

Professional career

Canby was a

lieutenant A lieutenant ( , ; abbreviated Lt., Lt, LT, Lieut and similar) is a Junior officer, junior commissioned officer rank in the armed forces of many nations, as well as fire services, emergency medical services, Security agency, security services ...

in the

JAG Corps The Judge Advocate General's Corps (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 judge advocates ...

of the

United States Air Force The United States Air Force (USAF) is the Air force, air service branch of the United States Department of Defense. It is one of the six United States Armed Forces and one of the eight uniformed services of the United States. Tracing its ori ...

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 of the U.S. government, independent agency and program of the United States government that trains and deploys volunteers to communities in partner countries around the world. It was established in Marc ...

. He was an Associate Director of the Peace Corps for

Ethiopia Ethiopia, officially the Federal Democratic Republic of Ethiopia, is a landlocked country located in the Horn of Africa region of East Africa. It shares borders with Eritrea to the north, Djibouti to the northeast, Somalia to the east, Ken ...

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

Uganda Uganda, officially the Republic of Uganda, is a landlocked country in East Africa. It 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 ...

from 1964 to 1966. He was a special assistant to

United States Senator The United States Senate consists of 100 members, two from each of the 50 U.S. state, states. This list includes all senators serving in the 119th United States Congress. Party affiliation Independent Senators Angus King of Maine and Berni ...

Walter Mondale Walter Frederick "Fritz" Mondale (January 5, 1928April 19, 2021) was the 42nd vice president of the United States serving from 1977 to 1981 under President Jimmy Carter. He previously served as a U.S. senator from Minnesota from 1964 to 1976. ...

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 na ...

of the

State University of New York at Old Westbury The State University of New York at Old Westbury (SUNY at Old Westbury) is a public university 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 Unive ...

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. 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 (; Mak) is Uganda's largest and oldest institution of higher learning, first established as a technical school in 1922, and the oldest currently active university in East Africa. It became an independent national university in ...

in Kampala, Uganda.

Federal judicial service

Canby was nominated by President

Jimmy Carter James Earl Carter Jr. (October 1, 1924December 29, 2024) was an American politician and humanitarian who served as the 39th president of the United States from 1977 to 1981. A member of the Democratic Party (United States), Democratic Party ...

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 a chamber of the Bicameralism, bicameral United States Congress; it is the upper house, with the United States House of Representatives, U.S. House of Representatives being the lower house. Together, the Senate and ...

on May 21, 1980, and received his commission on May 23, 1980. Canby assumed senior status 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, the Brady Bill or the Brady Handgun Bill, is an Act of the United States Congress that mandated fed ...

that required local and state law enforcement officials to conduct background checks of handgun buyers. The Supreme Court reversed in '' Printz v. United States''. 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 1964, ...

required the

Professional Golfers Association Professional Golfers Association may refer to: * Professional Golfers' Association (Great Britain and Ireland) * Professional Golfers' Association of America The Professional Golfers' Association of America (PGA of America) is an American or ...

to allow disabled golfer Casey Martin to use a golf cart when competing. The opinion was affirmed by the Supreme Court in '' PGA Tour, Inc. v. Martin''. On February 4, 2017, Canby and Judge Michelle T. Friedland rejected the

Trump administration Presidency of Donald Trump may refer to: * First presidency of Donald Trump, the United States presidential administration from 2017 to 2021 * Second presidency of Donald Trump, the United States presidential administration since 2025 See also * ...

'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 constitutionality of Executive Order 13769, issued by U.S. president Donald Trump. A few days after the executive order w ...

'', 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 Donald Trump and his supporters and critics alike, and commonly known as such, or commonly referred to as the ...

. On February 7 Canby, Friedland, and Judge Richard Clifton 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. On February 19, 2025, Canby was one of three judges to reject the Trump administration's request for a stay of an injunction blocking its attempt to end birthright citizenship.

References

External links

* {{DEFAULTSORT:Canby, William Cameron Jr. 1931 births 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 Academic staff of Makerere University Military personnel from Minnesota Lawyers 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