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[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8991 Introduced in House (IH)]
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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) whether, absent such relief, the
applicant will suffer an injury described in
paragraph (2)(A);
``(ii) whether issuance of such relief will
substantially injure any other party interested
in the proceeding; and
``(iii) whether the determination to issue
or deny such stay was in the public interest.
``(B) The basis under subparagraph (A) shall be
published on the public docket of the Supreme Court at
the time of the issuance or denial of such stay.
``(C) The requirement under subparagraph (B) shall
not apply if the Supreme Court or a justice thereof
determines that immediate action is necessary to
prevent imminent or irreparable harm. If there is such
a need, the basis under subparagraph (A) shall be
published on the public docket of the Supreme Court not
later than 7 days after the issuance or denial of such
stay.
``(4) For purposes of this subsection, a `stay' includes
any order of the Supreme Court or a justice thereof granting or
denying relief to suspend, modify, or preserve the effect of a
lower court's order granting or denying injunctive relief.''.
SEC. 3. CONFORMING AMENDMENT TO THE ALL WRITS ACT.
Section 1651 of title 28, United States Code, is amended by adding
at the end the following new subsection:
``(c)(1) The Supreme Court or a justice thereof may only issue a
writ enjoining any party from the conduct specified in the writ, if the
Court or a justice thereof determines that enjoining such conduct is
necessary as a result of a critical and exigent circumstance to protect
an indisputably clear legal right that is at issue in the case.
``(2)(A) The Supreme Court or a justice thereof shall set forth on
the record the reasons for the determination made under paragraph (1)
including identifying, if applicable, the legal right at issue in the
case and why it is indisputably clear, the motion for a writ.
``(B) The reasons under subparagraph (A) shall be published on the
public docket of the Supreme Court at the time at which the motion for
the writ is granted or denied.
``(C) The requirement under subparagraph (B) shall not apply if the
Supreme Court or a justice thereof determines that immediate action is
necessary to prevent imminent or irreparable harm. If there is such a
need, the basis under subparagraph (A) shall be published on the public
docket of the Supreme Court not later than 7 days after the writ is
granted or denied.''.
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