DS - This is not true. Berg petitioned the Court and Souter gave the Solicitor General until Dec 1 to file a response to the petition before making a decision on the writ. No decision has been made whether to grant certiorari and the DOJ has declined to file a response. Obama is not required to respond.
Please see:
http://wthrockmorton.com/2008/11/19/berg-vs-obama-dept-of-justice-waives-right-to-respond-to-petition/
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