Shadow Docket Sunlight Act of 2025

Summary

Requires the Supreme Court to publish a written explanation and disclose how each participating justice voted on any order in its appellate jurisdiction that grants, denies, or vacates preliminary injunctive relief or a stay of such relief, with limited exemptions. It also directs the Federal Judicial Center to report to Congress on compliance and ways to improve compliance, sets reporting deadlines, and includes a severability clause.

• Requires the Supreme Court to publish written explanations for orders granting, denying, or vacating preliminary injunctions or stays in its appellate jurisdiction.
• Requires disclosure of how each participating justice voted on those orders.
• Explanations must address standard injunction and stay factors (merits likelihood, irreparable harm, balance of equities, public interest, etc.).
• Exempts purely administrative or scheduling orders and certiorari petitions that do not resolve preliminary injunctive relief or stays.
• Applies to orders issued in connection with claims under chapters 5 and 7 of Title 5 (administrative and judicial-review contexts).
• Directs the Federal Judicial Center to report to Congress on compliance and recommend improvements, with an initial report schedule tied to enactment and recurring biennially.
• Does not change substantive legal standards or the Supreme Court's jurisdiction.
• Includes a severability clause to preserve the remainder of the law if any part is invalidated.