The Shadow Docket Sunlight Act of 2025 requires the Supreme Court to publish written explanations and publicly disclose how each justice voted whenever the Court issues orders involving preliminary injunctions or stays in cases it hears on appeal. The bill targets what critics call the "shadow docket"—emergency orders the Court issues without full briefing or oral arguments. For preliminary injunction orders, the Court must explain its analysis on four standard legal criteria: likelihood of success on the merits, risk of irreparable harm, balance of equities, and public interest. For stay orders, the Court must address a similar but slightly different set of criteria. The bill does not change the legal standards the Court applies, only requires transparency in how it applies them. The Federal Judicial Center must report to Congress every two years beginning within 180 days of enactment, assessing the Court's compliance with these new requirements and recommending improvements.
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