I'm not saying that this won't eventually happen, I'm just being skeptical. Judging from his past record, Souter would seem to be one of the least likely judges on the SCOTUS to get into this.
The defendants are required to respond to the Writ of Certiorari by December first, after which Mr. Berg will have an opportunity to respond.
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
snip..