SHADOW Act

This bill, known as the SHADOW Act , amends section 2101 of title 28, United States Code, to establish specific factors for the Supreme Court when considering stays pending appeal . It mandates that the Court or a justice must require a showing of specific, concrete, and irreparable injury that is distinct from harm solely due to the challenged stay's operation. The determination should not involve findings on the ultimate merits of the case, and any stay granted should not be accorded precedential effect beyond the specific dispute between the parties. Furthermore, the bill requires the Supreme Court to set forth on the record the basis for issuing or denying a stay, including the nature of the injury, potential harm to other parties, and the public interest. This basis must be published on the public docket at the time of the decision, or within seven days if immediate action was necessary due to imminent harm. Additionally, the bill amends the All Writs Act to specify that the Supreme Court can only issue a writ enjoining conduct if it determines such action is necessary due to a critical and exigent circumstance to protect an indisputably clear legal right, with similar transparency requirements for publishing the reasons for granting or denying writs.