[DJ MacWoW]

It isn't a rumor. Obama did not respond by Dec 1st and Berg filed further papers. It was posted here on FR.

Berg to File Emergency Injunction Today, Awaits Answer from Barack Obama and DNC

One day after the deadline set by Supreme Court Justice David Souter for Barack Obama and the DNC to respond to attorney Philip Berg's Petition for Writ of Certiorari has passed without an answer,

[flyfree]

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.
http://origin.www.supremecourtus.gov/docket/08a391.htm

[baa39]

Oh thank you, I was scrounging around for it, appreciate your getting the link and info.