Correct me if I am wrong, but I believe this is actually the first suit to name Obama as a defendant. All the others have been against various State officials or electors challenging their actions.
This is an important distinction because, for example, an elector would not have the legal right to request another persons birth certificate.
Actually it wasn't.
From the Supreme Court, (ORDER LIST: 555 U.S.), dated WEDNESDAY, JANUARY 21, 2009:
ORDERS IN PENDING CASES
...
BERG, PHILIP J. V. OBAMA, BARACK, ET AL. (08-570)
The application for stay addressed to Justice Scalia and referred to the Court is denied.
If they deny cert, they put them on the orders in a list entitled: CERTIORARI DENIED
Since this one was listed under "ORDERS IN PENDING CASES", it's still pending.
No criminal or civil action can touch a president? Paula Jones took Clinton to court where Bubba committed perjury.
And Berg's case below is still alive:
Jan 12, 2009
"08-570
BERG, PHILIP J. V. OBAMA, BARACK, ET AL.
The motion of Bill Anderson for leave to file a brief as amicus curiae is granted. The petition for a writ of certiorari before judgment is denied."
Berg filed again 2 days ago in the 3rd circuit. It's going back up the court food chain.