Contrary to Internet rumor that Justice Souter had ordered Barack Obama to provide the vault copy of his birth certificate, the Court merely set December 1, 2008 as the date by which the respondents--Obama, the Democratic National Committee and Federal Election Commission--were to respond to Berg's petition if they chose to do so at all. Yesterday's filing, which appeared on the docket this afternoon, shows that the respondents have waived their right to respond.
I hope that answers your question.
Might as well record Docket for 08-570 here for posterity:
--------------------------------------------------------
| No. 08-570 |
|
| Title: |
| Philip J. Berg, Petitioner |
| v. |
| Barack Obama, et al. |
|
| Docketed: |
October 31, 2008 |
| Lower Ct: |
United States Court of Appeals for the Third Circuit |
| Case Nos.: |
(08-4340) |
|
|
Rule 11 |
| ~~~Date~~~ |
~~~~~~~Proceedings and Orders~~~~~~~~~~~~~~~~~~~~~ |
| Oct 30 2008 |
Petition for a writ of certiorari before judgment filed. (Response due December 1, 2008) |
| Oct 31 2008 |
Application (08A391) for an injunction pending disposition of the petition for a writ of certiorari, submitted to Justice Souter. |
| Nov 3 2008 |
Supplemental brief of applicant Philip J. Berg filed. |
| Nov 3 2008 |
Application (08A391) denied by Justice Souter. |
| Nov 18 2008 |
Waiver of right of respondents Federal Election Commission, et al. to respond filed. |
| ~~Name~~~~~~~~~~~~~~~~~~~~~ |
~~~~~~~Address~~~~~~~~~~~~~~~~~~ |
~~Phone~~~ |
| Attorneys for Petitioner: |
|
|
| Philip J. Berg |
555 Andorra Glen Court, Suite 12 |
(610) 825-3134 |
|
|
Lafayette Hill, PA 09867 |
|
| Party name: Philip J. Berg |
| Attorneys for Respondents: |
|
|
| Gregory G. Garre |
Solicitor General |
(202) 514-2217 |
|
|
United States Department of Justice |
|
|
|
950 Pennsylvania Avenue, N.W. |
|
|
|
Washington, DC 20530-0001 |
|
| Party name: Federal Election Commission, et al. |