H.R. 8991

[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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