Shadow Docket Sunlight Act of 2025

The Shadow Docket Sunlight Act would require the Supreme Court to provide written explanations for decisions made on its emergency docket, also known as the shadow docket, and to disclose how each justice voted on those decisions. The shadow docket allows the Court to issue rulings on short notice without oral arguments or detailed legal reasoning. This bill would apply to any Supreme Court decision involving preliminary injunctive relief or stays of such relief.

Under the bill, written explanations would need to address the traditional legal factors courts consider when granting injunctive relief: the likelihood of success on the merits, potential irreparable harm, the balance of equities between parties, and the public interest. Additionally, the Federal Judicial Center would be required to report annually to Congress on the Supreme Court's compliance with these new requirements. Supporters argue this would increase transparency and accountability for consequential decisions that affect millions of Americans, while critics contend it could interfere with the Court's operations.