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Jake Delahney Taylor v. United States

Paid petition · United States Court of Appeals for the Fifth Circuit, No. 23-40273 · judgment March 15, 2024


Certiorari denied · October 7, 2024
Pre-decision estimate: 9% cert probability (95% interval 6%–13%)

Before the decision, about 2.2× the 4.1% base rate. The model weighted this up for a Fifth Circuit decision below, a circuit split argued in the petition, and a dissent in the court below (flagged in the petition).

Question presented

Chapter 110 of Title 18 of the U.S. Code criminalizes the production and distribution of “visual depictions” of minors engaged in “sexually explicit conduct.” One sort of “sexually explicit conduct” is “lascivious exhibition of the anus, genitals, or pubic area of any person.” The question presented, about which the courts of appeals are squarely in conflict, is: Do the statutory terms “visual depiction” and “lascivious exhibition” refer to the same, or different things?

Counsel of record

For petitioner
Mark William Bennett
Bennett & Bennett

For respondent
Elizabeth B. Prelogar
Solicitor General

Case

Conference history
Distributed for 1 conference

Linked docket
24A1

Proceedings

  1. Oct 07 2024
    Petition DENIED.
  2. Sep 11 2024
    DISTRIBUTED for Conference of 9/30/2024.
  3. Sep 05 2024
    Waiver of right of respondent United States to respond filed.
  4. Aug 14 2024
    Petition for a writ of certiorari filed. (Response due September 16, 2024)
  5. Jul 10 2024
    Application (24A1) granted by Justice Alito extending the time to file until August 15, 2024.
  6. Jul 01 2024
    Application (24A1) to extend the time to file a petition for a writ of certiorari from July 15, 2024 to September 13, 2024, submitted to Justice Alito.