bypassing the united states court of appeals for the third circuit, berg filed a petition for a writ of certiorari before judgment in the united states supreme court. on december 10, 2008, the supreme court denied berg's request for an injunction against the seating of the electoral college, scheduled for december 15. on december 15, 2008, the petitioner refiled the application for injunction. two days later, berg's appeal was denied without comment by supreme court justice anthony kennedy. berg's previously denied request for an injunction was refiled with justice antonin scalia on december 18, 2008. on january 12, the supreme court denied the petition for certiorari. the application for stay addressed to justice scalia and referred to the court was also summarily denied on january 21, 2009.