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.
Wrong-- here's the full docket:
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
~~~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 the 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.
Dec 1 2008 Motion for leave to file amicus brief filed by Bill Anderson.
Dec 8 2008 Application (08A505) for an injunction pending the disposition of the petition for a writ of certiorari, submitted to Justice Souter.
Dec 9 2008 Application (08A505) denied by Justice Souter.
Dec 15 2008 Application (08A505) refiled and submitted to Justice Kennedy.
Dec 17 2008 DISTRIBUTED for Conference of January 9, 2009.
Dec 17 2008 Application (08A505) denied by Justice Kennedy.
Dec 18 2008 Application (08A505) refiled and submitted to Justice Scalia.
Dec 23 2008 Application (08A505) referred to the Court.
Dec 23 2008 DISTRIBUTED for Conference of January 16, 2009.
Jan 12 2009 Motion for leave to file amicus brief filed by Bill Anderson GRANTED.
Jan 12 2009 Petition DENIED.
Jan 21 2009 Application (08A505) denied by the Court.