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William Cameron Canby Jr. (born May 22, 1931) is a Senior
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: * District ...
, sitting in
Phoenix Phoenix most often refers to: * Phoenix (mythology), a legendary bird from ancient Greek folklore * Phoenix, Arizona, a city in the United States Phoenix may also refer to: Mythology Greek mythological figures * Phoenix (son of Amyntor), a ...
,
Arizona Arizona ( ; nv, Hoozdo Hahoodzo ; ood, Alĭ ṣonak ) is a state in the Southwestern United States. It is the 6th largest and the 14th most populous of the 50 states. Its capital and largest city is Phoenix. Arizona is part of the Fou ...
. As both a professor at Arizona State University 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 22nd most populous, with over 5.75 million residents. Minnesota is home to western prairies, now given over to ...
, 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 year ...
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 scholarship, graduating summa cum laude 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 ...
. 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 Ch ...
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 L ...
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, whi ...
, 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 o ...
.


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 of the
United States Air Force The United States Air Force (USAF) is the Aerial warfare, air military branch, 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 ...
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 F ...
. 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 ...
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 sou ...
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 powe ...
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 Minnesota ...
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 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 Uni ...
in 1967 and then a professor of law at Arizona State University 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 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 1 ...
on April 2, 1980, to a seat on 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: * District ...
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 pow ...
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 ...
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 required the Professional Golfers Association 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 Donald Trump's tenure as the 45th president of the United States began with his inauguration on January 20, 2017, and ended on January 20, 2021. Trump, a Republican from New York City, took office following his Electoral College victory ...
'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'', 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 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.


See also

*
List of law clerks of the Supreme Court of the United States (Seat 6) A ''list'' is any set of items in a row. List or lists may also refer to: People * List (surname) Organizations * List College, an undergraduate division of the Jewish Theological Seminary of America * SC Germania List, German rugby union ...


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