Dennis M. Cavanaugh

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United States District Judge Dennis Michael Cavanaugh, also commonly known as "DMC" or the "White Hurricane," sits in the United States District Court for the District of New Jersey.^[1]

Contents 1 Background 2 Judicial Philosophy 3 Controversial Cases 4 References

[edit] Background

Judge Cavanaugh was born on January 28, 1947 in Orange, New Jersey. He was raised as an Irish Catholic.^[2] Judge Cavanaugh's federal judicial service includes a judgeship in the United States District Court for the District of New Jersey.^[3] He was nominated by former President William J. Clinton on May 3, 2000, to a seat vacated by Judge Alfred M. Wolin.^[4] Judge Cavanaugh was confirmed by the Senate on July 21, 2000 and received commission on September 20, 2000. Judge Cavanaugh was formerly a United States Magistrate Judge for the United States District Court for the District of New Jersey (1993-2000).^[5] Judge Cavanaugh was educated at Morehead State University (B.A., 1969) and Seton Hall University School of Law (J.D., 1972).^[6] Judge Cavanaugh remains very loyal to his law school alma mater and he teaches there as a member of the law school's adjunct faculty.^[7] Judge Cavanaugh began his legal career as a law clerk to the Honorable Francis W. Hayden in the New Jersey Superior Court (1972-73).^[8] He was then an Assistant Deputy Public Defender for the New Jersey Office of the Public Defender (1973-77) before entering private practice in various law firms in New Jersey (1977-92).^[9] Judge Cavanaugh's private practice includes his partnership at the law firms of McCormack Petrolle & Matthews (1992), Whipple Ross & Hirsh (1987-92) and Tompkins McGuire & Wachenfeld (1984-87). He also served as a partner (1980-84) and associate (1977-80) at Lum Biunno & Tompkins. ^[10] Judge Cavanaugh was the Borough Prosecutor for the Borough of Caldwell, New Jersey (1988-89).^[11]

[edit] Judicial Philosophy

Judge Cavanaugh is commonly known for his practicality on the bench. ^[12] As a Magistrate Judge, Judge Cavanaugh developed a reputation for quickly settling cases. While he is less scholarly than his peers, Judge Cavanaugh is efficient and moves through cases for a swift adjudication of cases. ^[13] Judge Cavanaugh is also known for writing very concise opinions. He is more concerned with the swift adjudication of justice than with drafting law review type opinions.

[edit] Controversial Cases

Borden v. School District of the Township of East Brunswick

In a case widely followed by the news media, Judge Cavanaugh sided with a Christian high school football coach in East Brunswick, New Jersey who was barred from taking part in his team's pre-game prayers. ^[14] The school prohibited Coach Marcus Borden from bowing his head and "taking a knee" with his players while they engaged in student-initiated, student-led prayers before facing their opponents on the field. Judge Cavanaugh upheld the entire complaint filed by Borden against East Brunswick High School, declaring the school district violated the coach's constitutional rights to free speech, academic freedom and freedom of association. The judge also found that "taking a knee" is not the same as praying. Judge Cavanaugh, in delivering his ruling, observed that the coach of a football team is the one the players look to and expect "to hold all of this together and foster team spirit." Pointing-out that the team has had pre-game prayers for decades, Judge Cavanaugh said for the coach "to not be allowed to participate in these traditions" even passively, just "doesn't seem right." Judge Cavanaugh's participation in the Borden matter is very uncharacteristic of his judicial career. On April 15, 2008, his opinion was overturned by a unanimous ruling by the 3rd U.S. Circuit Court of Appeals. Judge Cavanaugh is very infrequently covered by the popular press.

[edit] References