William Cameron Canby Jr.

William Cameron Canby Jr., born in 1931, is a senior United States circuit judge on the Ninth Circuit Court of Appeals, seated in Phoenix, Arizona. In addition to his long‑standing judicial service, he has held a distinguished career as a law professor and scholar, particularly in the field of American Indian law, and he has participated in notable litigation before the Supreme Court. Appointed by President Jimmy Carter, Canby entered the federal appellate bench in 1980 and assumed senior status in 1996, where he continues to hear cases.

Early life and legal career

William Cameron Canby Jr. was born on May 22, 1931, in Saint Paul, Minnesota. He pursued his undergraduate education at Yale University, receiving a Bachelor of Arts degree in 1953. His studies were supported by an ROTC scholarship, and he graduated summa cum laude while also being elected to Phi Beta Kappa. Continuing his legal training, Canby earned a Bachelor of Laws from the University of Minnesota Law School in 1956, graduating with honors as a member of the Order of the Coif.

Following law school, Canby served as a law clerk for Justice Charles Evans Whittaker of the United States Supreme Court, gaining early exposure to the nation’s highest judicial processes. He then entered military service as a lieutenant in the Judge Advocate General’s Corps of the United States Air Force from 1956 until 1958, where he performed legal duties within the armed forces.

After completing his military obligation, Canby returned to private practice in Saint Paul, working as an attorney from 1959 through 1962. His career took a turn toward international service when he joined the Peace Corps. He was appointed associate director for Ethiopia (1962‑63), then deputy director for the same country (1963‑64), and subsequently served as director of the Peace Corps program in Uganda from 1964 to 1966. These assignments provided him with experience in cross‑cultural administration and development work.

In 1966, Canby briefly worked as a special assistant to United States Senator Walter Mondale, contributing to legislative matters before moving into higher education administration the following year. He served as a special assistant to President Harris Wofford of the State University of New York at Old Westbury in 1967.

That same year marked the beginning of his long affiliation with Arizona State University (ASU). Canby joined the ASU College of Law faculty, where he taught from 1967 until his judicial appointment in 1980. During this period, he directed the Office of Indian Law at the law school, establishing himself as a leading academic authority on legal issues affecting Native American tribes and communities. His scholarship includes numerous law review articles, a comprehensive textbook on American Indian law, and a concise primer published in the West Nutshell Series.

While serving as a professor, Canby also engaged in appellate advocacy. He successfully argued before the United States Supreme Court in *Bates v. State Bar of Arizona*, a case that held the First Amendment protects non‑misleading lawyer advertising to the general public. This litigation underscored his involvement in significant constitutional questions beyond his academic focus.

In addition to his work at ASU, Canby spent an academic year (1970‑71) as a Fulbright visiting professor of law at Makerere University in Kampala, Uganda, further expanding his international legal perspective and contributing to comparative legal education.

Federal appellate service

President Jimmy Carter nominated William C. Canby Jr. to the United States Court of Appeals for the Ninth Circuit on April 2, 1980, filling the vacancy left by Judge Ozell Miller Trask. The United States Senate confirmed his appointment on May 21, 1980, and he received his commission two days later, officially joining the federal appellate bench.

Judge Canby served as an active circuit judge for sixteen years, hearing appeals arising from a vast geographic region that includes several western states and territories. His courtroom was based in Phoenix, Arizona, reflecting both his personal ties to the Southwest and his longstanding academic presence at Arizona State University. Throughout his tenure, he participated in panels addressing a wide array of legal issues, ranging from constitutional questions to civil rights matters.

On May 23, 1996, Judge Canby elected to take senior status, a form of semi‑retirement that permits continued judicial service while allowing for the appointment of a new active judge. Despite this transition, he has remained an active participant in Ninth Circuit jurisprudence, regularly hearing and deciding cases as a senior circuit judge.

Jurisprudence and legacy

Judge Canby’s judicial record reflects engagement with several high‑profile constitutional and civil rights issues. In 1995, he authored an opinion holding that the Brady Handgun Violence Prevention Act’s provisions requiring state and local law‑enforcement officials to conduct background checks on handgun purchasers did not violate the Tenth Amendment. The United States Supreme Court later reversed this decision in *Printz v. United States*, illustrating the evolving nature of federalism jurisprudence.

A landmark disability‑rights case came before his panel in 2001, where Judge Canby wrote a unanimous opinion concluding that the Americans with Disabilities Act required the Professional Golfers Association to permit disabled golfer Casey Martin to use a golf cart during competition. The Supreme Court affirmed this ruling in *PGA Tour, Inc. v. Martin*, cementing the decision’s significance for accommodations under federal disability law.

Judge Canby also played a role in adjudicating matters related to executive immigration actions. In February 2017, he and fellow Ninth Circuit judges denied the Trump administration’s request for an administrative stay of a district‑court temporary restraining order that had been issued against Executive Order 13769 (the travel ban). The denial allowed the lower court’s injunction to remain in effect while appellate review proceeded, highlighting the circuit’s willingness to scrutinize executive authority in immigration contexts.

More recently, on February 19, 2025, Judge Canby joined a three‑judge panel that refused the administration’s request for a stay of an injunction blocking efforts to terminate birthright citizenship. This decision underscored the court’s continued involvement in fundamental questions of constitutional rights and federal policy.

Beyond specific rulings, Judge Canby’s broader legacy is closely tied to his scholarship on American Indian law. His academic work—spanning articles, textbooks, and concise primers—has been widely cited by courts, practitioners, and scholars addressing tribal sovereignty, jurisdictional issues, and the intersection of federal and tribal legal regimes. By directing the Office of Indian Law at ASU, he helped train generations of lawyers who have gone on to serve in tribal governments, advocacy organizations, and the federal judiciary.

His dual career as a professor and judge exemplifies a bridge between legal theory and practice. The *Bates* argument before the Supreme Court demonstrated his ability to translate academic expertise into effective courtroom advocacy. Moreover, his participation in international educational exchanges, such as the Fulbright professorship in Uganda, reflects a commitment to comparative legal understanding that enriched his perspective on domestic jurisprudence.

Overall, William Cameron Canby Jr.’s contributions span multiple dimensions of the American legal system: he has shaped appellate doctrine through influential opinions, advanced scholarly discourse on tribal law, and mentored future lawyers and judges. His continued service as a senior judge ensures that his experience remains an active component of Ninth Circuit deliberations, while his academic legacy persists in the ongoing study and application of Indian law across the United States.