Yesterday, the Department of Justice filed a waiver with the Supreme Court regarding the petition for writ of certiorari from Philip Berg.
Here is the amended Docket entry:
Title: Philip J. Berg, Petitioner
Barack Obama, et al.
Docketed: October 31, 2008
Lower Ct: United States Court of Appeals for the Third Circuit
Case Nos.: (08-4340)
~~~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.
Nothing about this has appeared on the Berg website. I suspect the Court will eventually deny the petition for certiorari. Here is the waiver:
Note the document says: “The Government hereby waives its right to file a response to the petition in this case, unless requested to do so by the Court.” At this point, SCOTUS has not requested a response, only provided a date by which a response could be filed.