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.