,i  #aaith ,,congress  #b;d ,session    
,h4 ,r4 #hiia  ,,in ,,the ,,house ,,of  
,,representatives  ,may #ba1 #bjbf,mr4  
,raskin introduced the following bill2  
which was referred to the ,committee on 
the ,judiciary  ,a ,,bill  ,to amend    
section #baja of title #bh1 ,united     
,states ,code1 to set forth factors for 
stays pending appeal4  #a4 ,short title 
,this ,act may be cited as the ,supreme 
,court ,honesty and ,disclosure of      
,orders and ,writs ,act or the ,,shadow 
,act4  #b4 ,requirement to set forth    
factors for stays pending appeal        
,section #baja7;f7 of title #bh1 ,united
 ,states ,code1 is amended-- 7#a7 by    
striking ,in any case and inserting 7#a7
 ,in any case2 and  7#b7 by adding at   
the end the following new paragraphs3   
7#b7 ,in determining whether to grant or
 deny a stay under this subsection the  
,supreme ,court or a justice thereof    
shall--  7,a7 require a showing of      
specific1 concrete1 and irreparable     
injury that is distinct from and greater

 than any harm resulting solely from the
 operation of the stay that is being    
challenged2  7,b7 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        
prevailing2 and  7,c7 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 entered4  7#c7 7,a7 ,the ,supreme   
,court or justice shall set forth on the
 record the basis for an issuance or    
denial of a stay under this section1    
including--  7i7 whether1 absent such   
relief1 the applicant will suffer an    
injury described in paragraph 7#b77;,a72
  7ii7 whether issuance of such relief  
will substantially injure any other     
party interested in the proceeding2 and 
7iii7 whether the determination to issue
 or deny such stay was in the public    
interest4  7,b7 ,the basis under        

subparagraph 7,a7 shall be published on 
the public docket of the ,supreme ,court
 at the time of the issuance or denial  
of such stay4  7,c7 ,the requirement    
under subparagraph 7,b7 shall not apply 
if the ,supreme ,court or a justice     
thereof determines that immediate action
 is necessary to prevent imminent or    
irreparable harm4 ,if there is such a   
need1 the basis under subparagraph 7,a7 
shall be published on the public docket 
of the ,supreme ,court not later than #g
 days after the issuance or denial of   
such stay4  7#d7 ,for purposes of this  
subsection1 a stay includes any order of
 the ,supreme ,court or a justice       
thereof granting or denying relief to   
suspend1 modify1 or preserve the effect 
of a lower court's order granting or    
denying injunctive relief4  4  #c4      
,conforming amendment to the all writs  
act ,section #afea of title #bh1 ,united
 ,states ,code1 is amended by adding at 
the end the following new subsection3   
7c7 7#a7 ,the ,supreme ,court or a      

justice thereof may only issue a writ   
enjoining any party from the conduct    
specified in the writ1 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 case4  7#b7  7,a7 ,the ,supreme     
,court or a justice thereof shall set   
forth on the record the reasons for the 
determination made under paragraph 7#a7 
including identifying1 if applicable1   
the legal right at issue in the case and
 why it is indisputably clear1 the      
motion for a writ4  7,b7 ,the reasons   
under subparagraph 7,a7 shall be        
published on the public docket of the   
,supreme ,court at the time at which the
 motion for the writ is granted or      
denied4  7,c7 ,the requirement under    
subparagraph 7,b7 shall not apply if the
 ,supreme ,court or a justice thereof   
determines that immediate action is     
necessary to prevent imminent or        

irreparable harm4 ,if there is such a   
need1 the basis under subparagraph 7,a7 
shall be published on the public docket 
of the ,supreme ,court not later than #g
 days after the writ is granted or      
denied4  4