Born in Goldfield, Nevada, Foley was the eldest of five sons of Helen Drummond and Roger Thomas Foley, the latter also having been a federal district judge in Nevada.

During World War II, Foley flew over 50 combat missions as a first lieutenant bombardier and navigator in the United States Army Air Forces.

He was in private practice in Las Vegas from 1956 to 1958, and was the Attorney General of Nevada from 1959 to 1962.

He was confirmed by the United States Senate on June 29, 1962, and received his commission on July 2, 1962.

[3] The Foley Federal Building and United States Courthouse in Las Vegas is named for the family, as a whole.