What does Preamble of SHADOW Act do?

This bill proposes to amend section 2101 of title 28, United States Code. The proposed amendment aims to establish factors for stays pending appeal.

What does SHORT TITLE. of SHADOW Act do?

This bill is formally titled the Supreme Court Honesty and Disclosure of Orders and Writs Act, also known as the SHADOW Act.

What does REQUIREMENT TO SET FORTH FACTORS FOR STAYS PENDING APPEAL. of SHADOW Act do?

This section amends Section 2101(f) of Title 28, United States Code. It establishes factors the Supreme Court or a justice thereof must consider when granting or denying a stay under this subsection. A showing of 'specific, concrete, and irreparable injury' is required to obtain a stay. The determination regarding a stay cannot involve findings on the ultimate merits of the case or likelihood of prevailing. Stays shall not have precedential effect except to resolve the dispute between the parties. The Supreme Court or a justice must set forth the basis for issuing or denying a stay on the record, including potential injury to the applicant, injury to other parties, and public interest considerations. This basis must be published on the public docket, unless immediate action is necessary to prevent imminent harm, in which case it must be published within 7 days.

What does CONFORMING AMENDMENT TO THE ALL WRITS ACT. of SHADOW Act do?

This section amends Section 1651 of Title 28, United States Code. It adds a new subsection (c) to limit the Supreme Court's or a justice's ability to issue writs. A writ enjoining conduct can only be issued if it's deemed necessary due to a critical and exigent circumstance. The legal right at issue must be indisputably clear. The Court or justice must record and publish the reasons for the determination, including the legal right and its clarity. Publication on the public docket is not required if immediate action is needed to prevent imminent or irreparable harm. If immediate action is necessary, the basis for the determination must be published within 7 days of the writ's grant or denial.

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SHADOW Act

Last updated: 5/21/2026 · Introduced: 5/21/2026

Author: Jamie Raskin (D-MD)

TL;DR (AI)

The bill establishes specific factors the Supreme Court must consider when granting or denying stays pending appeal, requiring a showing of 'specific, concrete, and irreparable injury'.
It restricts the Supreme Court's ability to issue writs enjoining conduct, limiting such actions to situations involving critical circumstances and an indisputably clear legal right.
The Supreme Court or a justice must publicly record and publish the reasoning behind decisions regarding stays and writs, with limited exceptions for immediate harm prevention.

119th Congressin committeeOfficial page

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Other Sections

Includes provisions on preamble, short title., and 2 more.

4 sections

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