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Status
of
Bach v. Pataki
This
page last updated: October 26, 2003
Bach
v. Pataki
lost its bid for an honest Second Amendment ruling in New
York's District Court system -- a highly predictable and
fully expected outcome. United States District Judge
Norman A. Mordue relied on a ruling that he says is
precedent that the Second Amendment does not protect an
individual right -- and he even went so far as to cite
Judge Reinhardt's deeply flawed opinion in Silveira
v. Lockyer in his Bach opinion.
The Bach
case is now ready for appeal to the Second Circuit -- and
appeal directly to the United States Supreme Court. Below
are links to each pleading/filing in the Bach case
thus far, followed by an explanation of "what comes
next."
Pleadings,
from beginning to present:
| Pleading/File
(click links below to view) |
Date |
Original
Complaint
("Plaintiff’s Application for Preliminary and Permanent Injunction, and Declaratory Relief") |
Nov.
29, 2002 |
Support
Brief
("Plaintiff’s Brief in Support of his Application for Preliminary and Permanent Injunction, and Declaratory Relief") |
Nov.
29, 2002 |
Notice
of Motion
("Notice of Motion and Motion for Preliminary and Permanent Injunction, and Declaratory Relief") |
Nov.
29, 2002 |
Exhibit
1
(9-pages of statutory citations and references
addressed in Complaint) |
Nov.
29, 2002 |
Affidavit
(Affidavit of David D. Bach, filed with Complaint) |
Nov.
29, 2002 |
Spitzer
Summons
(Summons in a Civil Case of Honorable Eliot Spitzer, Office of the Attorney General, Albany, New York) |
Executed:
Nov. 29, 2002
Filed:
Dec. 4, 2002 |
Pataki
Summons
(Summons in a Civil Case of Honorable George E. Pataki, Office of the Governor, Albany, New York) |
Executed:
Dec. 2, 2002
Filed:
Dec. 4, 2002 |
Motion
to Consolidate
("Plaintiff’s Motion to Advance and Consolidate the Trial on the Merits with the Hearing on the Preliminary Injunction") |
Dec.
10, 2002 |
Brief
Supporting Motion to Consolidate
("Plaintiff’s Brief in Support of his Motion to Advance and Consolidate the Trial on the Merits with the Hearing on the Preliminary Injunction") |
Dec.
10, 2002 |
Notice
of Motion to Consolidate
(Notice of "Plaintiff's Motion to Advance and Consolidate the Trial on the Merits with the Hearing on the Preliminary Injunction") |
Dec.
10, 2002 |
State
Legal Memorandum, Motion to Dismiss
("Memorandum of Law in Support of State Defendants' Cross-Motion to Dismiss the Complaint and in Opposition to Plaintiff's Motions for Preliminary Injunction and to Consolidate the Trial on the Merits with a Hearing on the Application for a Preliminary Injunction") |
Jan.
22, 2003 |
Response
to Motion to Dismiss
("Plaintiff’s Response in Opposition to State Defendants’ Memorandum of Law in Support of its Cross-Motion to Dismiss the Complaint; and Reply to the State Defendants’ Opposition to Plaintiff’s Application for a Preliminary and Permanent Injunction, and Declaratory Relief") |
March
5, 2003 |
Decision
and Order
(Anti-Second-Amendment
rant by United States District Judge Norman A.
Mordue) |
Sept.
23, 2003 |
Notice
of Appeal
(Plaintiff’s Notice of Motion to Appeal to the United States Court of Appeals for the Second Circuit) |
Oct.
17, 2003 |
What
Comes Next...
What comes next
in the Bach case is very simple.
The Notice of
Appeal, above, is already filed. But the Second Circuit,
according to Judge Mordue, already has precedent saying
the Second Amendment is not an individual right -- so
relief is highly unlikely and more or less a waste of
time, energy, money and political capital.
So as happens
frequently in such cases -- the Lawrence case being
a recent example -- the Second Circuit will be
side-stepped, and the case petitioned directly to the
Supreme Court for a hearing on the merits. Roy
Lucas, who did much of the legal research and writing
in the Silveira v. Lockyer
Second Amendment lawsuit, is preparing the cert petition
and brief to be submitted to the U.S. Supreme Court. The
case is expected to be filed in the next couple of weeks.
Additional
Information on Bach v. Pataki:
Overview
of the Case
This includes a synopsis of the case, the objectives of
the case, statements from the originator of the case and
our relationship with him, and our commitment to the
case.
Status
of the Case
This includes each filing in the case to date and what
comes next.
Bach
in the News
This includes links to media reports about Bach v.
Pataki.
Home
Page
The official home page for Bach v. Pataki is http://KeepAndBearArms.com/Bach.
That home page is permanent and will remain in place
until we are victorious or until we are denied our
rightful day in court to legitimately address our
grievances.
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