To amend section 2101 of title 28, United States Code, to set forth factors for stays pending appeal.
[Congressional Bills 119th Congress] [From the U.S. Government Publishing Office] [H.R. 8991 Introduced in House (IH)] <DOC> 119th CONGRESS 2d Session H. R. 8991 To amend section 2101 of title 28, United States Code, to set forth factors for stays pending appeal. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 21, 2026 Mr. Raskin introduced the following bill; which was referred to the Committee on the Judiciary _______________________________________________________________________ A BILL To amend section 2101 of title 28, United States Code, to set forth factors for stays pending appeal. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Supreme Court Honesty and Disclosure of Orders and Writs Act'' or the ``SHADOW Act''. SEC. 2. REQUIREMENT TO SET FORTH FACTORS FOR STAYS PENDING APPEAL. Section 2101(f) of title 28, United States Code, is amended-- (1) by striking ``In any case'' and inserting ``(1) In any case''; and (2) by adding at the end the following new paragraphs: ``(2) In determining whether to grant or deny a stay under this subsection the Supreme Court or a justice thereof shall-- ``(A) require a showing of specific, concrete, and irreparable injury that is distinct from and greater than any harm resulting solely from the operation of the stay that is being challenged; ``(B) ensure that the determination under this section does not entail findings or conclusions on the ultimate merits of the case or the likelihood of a particular party prevailing; and ``(C) provide that any such stay shall not be accorded precedential effect except to the extent necessary to resolve the dispute between the parties in which the stay was entered. ``(3)(A) The Supreme Court or justice shall set forth on the record the basis for an issuance or denial of a stay under this section, including-- ``(i) whe
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