Shadow Docket Sunlight Act of 2025
Sponsored By: Senator Blumenthal, Richard [D-CT]
Introduced
Summary
Stronger transparency for emergency Supreme Court orders. This bill would require the Supreme Court to publish a written explanation and to disclose how each participating justice voted whenever it grants, denies, or vacates preliminary injunctive relief or a stay in cases within its appellate jurisdiction.
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- Litigants: Parties seeking or opposing emergency injunctions or stays would receive written evaluations tied to the four legal factors the Court must assess for injunctions and for stays.
- Public and researchers: Citizens, journalists, and scholars would gain access to the Court's written rationales and a record of each participating justice's vote, enabling review and study of emergency decisions.
- Court administration and Congress: The Director of the Federal Judicial Center would have to report to Congress on compliance by April 1 of the first year that begins more than 180 days after enactment and every 2 years after that, with the first report allowed to be delayed if the Director requests more time.
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Bill Overview
Analyzed Economic Effects
2 provisions identified: 2 benefits, 0 costs, 0 mixed.
More Supreme Court order transparency
If enacted, the bill would require the Supreme Court to publish a written explanation whenever it grants, denies, or vacates a preliminary injunction or a stay of such relief. The explanation would have to say how each participating justice voted. For injunction orders, the explanation would evaluate likely success on the merits, irreparable harm, balance of equities, and the public interest. For stay orders, the explanation would evaluate a strong showing of likely success, irreparable injury, injury to other parties, and the public interest. The rule would apply only in the Court's appellate jurisdiction and would cover actions by a single justice acting for the Court. Administrative or scheduling orders and petitions for certiorari that do not grant, deny, or vacate injunctive relief or stays would be excluded. The explanation may be in one or more opinions that together represent a majority of participating justices.
Reports on Supreme Court disclosure compliance
If enacted, the bill would require the Director of the Federal Judicial Center to report to Congress on how well the Court follows the new explanation and voting disclosure rule. The first report would be due not later than April 1 of the first year that begins more than 180 days after enactment. After that, a report would be due on April 1 every two years. For the first report only, the Director could submit it later after notifying Congress in writing how much extra time is needed.
Sponsors & CoSponsors
Sponsor
Blumenthal, Richard [D-CT]
CT • D
Cosponsors
Sen. Booker, Cory A. [D-NJ]
NJ • D
Sponsored 12/17/2025
Sen. Durbin, Richard J. [D-IL]
IL • D
Sponsored 12/17/2025
Amy Klobuchar
MN • D
Sponsored 12/17/2025
Sen. Padilla, Alex [D-CA]
CA • D
Sponsored 12/17/2025
Sen. Reed, Jack [D-RI]
RI • D
Sponsored 12/17/2025
Sen. Sanders, Bernard [I-VT]
VT • I
Sponsored 12/17/2025
Sen. Schiff, Adam B. [D-CA]
CA • D
Sponsored 12/17/2025
Charles Schumer
NY • D
Sponsored 12/17/2025
Sen. Smith, Tina [D-MN]
MN • D
Sponsored 12/17/2025
Peter Welch
VT • D
Sponsored 12/17/2025
Sen. Whitehouse, Sheldon [D-RI]
RI • D
Sponsored 12/17/2025
Sen. Wyden, Ron [D-OR]
OR • D
Sponsored 12/17/2025
Sen. Hirono, Mazie K. [D-HI]
HI • D
Sponsored 5/12/2026
Roll Call Votes
No roll call votes available for this bill.
View on Congress.gov