I can’t find any such order from the supreme court. They tend to be reasonably good about issuing orders when they actually, you know, order someone to do something.
http://www.supremecourtus.gov/orders/08ordersofthecourt.html
Presumably, (IANAL, IANAUSSC clerk), what the clerk said was that obama would have a chance to respond to the petition for Cert, but AFAIK, there’s no obligation to do so till the writ is actually issued. Even if the president-elect. did, the response wouldn’t be on the merits-the petition is asking the court to take the case, and the response would argue that the Court shouldn’t take the case—it wouldn’t address the merits of the case. (and as I note below, before the supreme court, the question isn’t going to be if the president-elect is a citizen-it’s whether berg has standing to bring such a suit. That probably doesn’t need a birth certificate even if cert is granted.
I note that the article linked to the link given, which allegedly reports Souter’s action says that “but the Clerk also required the defendants to respond to the Writ of Certiorari (which requires the concurrence of four Justices) by December 1.” (IMHO, the article talking about the Court’s action (which is linked from the one herein linked is one of the most distinctive examples I’ve seen of someone who really doesn’t understand the law trying to write about it).
There is no writ of Certiorari. If there was one, the court would have issued an order. Presumably, berg has filed a petition-which is a very different thing.
Further, the supreme court essentially never decides issues of fact. They decide issues of law-in this case, if Berg has standing to bring a suit to get the president-elect to show his birth certificate. If he wins, then it would go back to the district court for “proceedings consistent with this opinion”-i.e. THEN demanding production of the birth certificate.
(notably, the question of whether Berg has standing to bring this suit is far more interesting and legally complicated than the one on the merits-of whether the president-elect was born in Hawaii, and is hence a natural-born citizen)
And, as has been noted time and time again, there’s no question here. Obama was born in Hawaii-and has produced his birth certificate. He has no obligation to show it to a court until the court orders him to do so, which, clearly, has not occurred to date.