The SHADOW Act mandates Supreme Court disclosure of factors for stays pending appeal.
The SHADOW Act, or Supreme Court Honesty and Disclosure of Orders and Writs Act, requires the Supreme Court to set forth on the record and publish on its public docket the reasons for granting or denying stays pending appeal. It mandates that the Court consider specific factors, such as potential injury to parties and the public interest, and ensures that the determination does not address the merits of the case. The Act also amends the All Writs Act to include these requirements.
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