On the recordMay 25, 2006
I don't believe that is impacted because that refers to the actual proceeding. It does not, according to the interpretation of the circuits, apply to the standard for stays. That is what the circuits have all said, except for one. That language, of course, applies to the main cases but does not apply in the case of stays. There is nothing in the legislative history that supports the notion that it would apply to stays, and that is how the circuits have come down.
Source
govinfo.gov




