The Shadow Docket Sunlight Act of 2025 mandates increased transparency for certain Supreme Court decisions. Specifically, it requires the Court to publish a written explanation of reasons and disclose how each participating justice voted when issuing orders that grant, deny, or vacate preliminary injunctive relief or stays of such relief within its appellate jurisdiction. This applies to decisions often referred to as the "shadow docket," which are typically made without full briefing or oral argument. For orders concerning preliminary injunctive relief, the written explanation must evaluate criteria such as the likelihood of success on the merits, irreparable harm, the balance of equities, and the public interest. Similarly, for orders granting or denying a stay of preliminary injunctive relief, the Court must assess the likelihood of success on the merits for the stay applicant, potential irreparable injury, harm to other parties, and the public interest. These requirements do not modify substantive legal standards or the Court's jurisdiction, and they exclude purely administrative or scheduling orders. To ensure compliance, the Director of the Federal Judicial Center is tasked with submitting biennial reports to Congress. These reports will assess the extent to which the Supreme Court adheres to the new requirements and may include recommendations for improving compliance. The bill also includes a standard severability clause, ensuring that if any provision is deemed invalid, the remaining parts of the Act will remain in effect.
The Shadow Docket Sunlight Act of 2025 mandates increased transparency for certain Supreme Court decisions. Specifically, it requires the Court to publish a written explanation of reasons and disclose how each participating justice voted when issuing orders that grant, deny, or vacate preliminary injunctive relief or stays of such relief within its appellate jurisdiction. This applies to decisions often referred to as the "shadow docket," which are typically made without full briefing or oral argument. For orders concerning preliminary injunctive relief, the written explanation must evaluate criteria such as the likelihood of success on the merits, irreparable harm, the balance of equities, and the public interest. Similarly, for orders granting or denying a stay of preliminary injunctive relief, the Court must assess the likelihood of success on the merits for the stay applicant, potential irreparable injury, harm to other parties, and the public interest. These requirements do not modify substantive legal standards or the Court's jurisdiction, and they exclude purely administrative or scheduling orders. To ensure compliance, the Director of the Federal Judicial Center is tasked with submitting biennial reports to Congress. These reports will assess the extent to which the Supreme Court adheres to the new requirements and may include recommendations for improving compliance. The bill also includes a standard severability clause, ensuring that if any provision is deemed invalid, the remaining parts of the Act will remain in effect.