Charles T. Canady: “Mr. Chairman, as we discussed at length in the Committee on the Judiciary, the 30-day stay only comes into place in…”

“Mr. Chairman, as we discussed at length in the Committee on the Judiciary, the 30-day stay only comes into place in circumstances where there is an absence of a finding by the court that prison conditions violated a Federal right. I say to the gentleman, if you want to look on page 16 of the bill, beginning at line one, that's where you'll find it. Now obviously there is going to be a court order in place. I never indicated that the stay only comes in place when there has been no court order. Obviously there is nothing to stay if there is no court order. We are talking about a court order, however where the court order does not have a finding by the court that prison conditions violated a Federal right. Now all we are saying, it is in those circumstances the local government or the State should be entitled to very swift consideration of a motion for relief from an order that has not been based on the finding it should be based on. That is all that we are providing here.”