Judge Dennis M. Cavanaugh of the United States District Court for the District of New Jersey ruled on July 26, 2006, that Borden could bow his head and bend his knee if the team captains (i.e., students) led the players in prayer. However, this decision was overturned on April 15, 2008, by a unanimous decision in the United States Court of Appeals for the Third Circuit, in which Judge D. Michael Fisher concluded that "a reasonable observer would conclude that he is continuing to endorse religion when he bows his head during the pre-meal grace and takes a knee with his team in the locker room while they pray."