Shadow Docket Sunlight Act of 2025

The Shadow Docket Sunlight Act would increase transparency around Supreme Court emergency decisions made outside the Court's normal briefing and argument process. If enacted, the bill would require the Supreme Court to provide written explanations whenever it grants, denies, vacates, or stays preliminary injunctive relief. These explanations must address four traditional legal factors: the likelihood of success on the merits, potential irreparable harm without the relief, the balance of equities between parties, and the public interest. The bill would also require the Court to disclose how each Justice voted on such decisions.

Additionally, the legislation would require the Federal Judicial Center to report annually to Congress on the Supreme Court's compliance with these transparency requirements. Supporters argue this would bring accountability to the Court's "shadow docket"—emergency decisions that can affect major policy areas including voting rights, abortion access, gun rights, and environmental regulations, yet are often issued with little public explanation.