Shadow Docket Sunlight Act of 2025

More Supreme Court emergency transparency

This bill would require the Supreme Court to publish a written explanation for orders that grant, deny, or vacate preliminary injunctions or stays in appellate cases. The Court would also have to say in writing how each participating justice voted. For injunction orders, the explanation would have to address four things: likelihood of success on the merits, likelihood of irreparable harm without relief, whether the balance of equities favors the applicant, and whether relief is in the public interest. For stays, the explanation would have to assess likelihood of success, irreparable injury to the stay applicant without a stay, whether issuing the stay would substantially harm other parties, and whether a stay is in the public interest. The requirement could be satisfied by one or more opinions representing a majority, and it would not apply to administrative or scheduling orders or to certiorari petitions that do not grant, deny, or vacate injunctions or stays.