The Shadow Docket Sunlight Act requires the Supreme Court to publish written explanations and disclose how each justice votes whenever the Court issues orders granting, denying, or vacating preliminary injunctions or stays in cases on appeal. The written explanations must evaluate specific legal criteria, such as whether the applicant is likely to succeed on the merits and whether they face irreparable harm. This requirement applies to all appellate cases but excludes routine administrative, scheduling orders and certiorari petitions. The law does not change how the Court applies legal standards or its jurisdiction, and multiple justices can contribute to the written explanation as long as a majority of participating justices supports it. Beginning April 1 of the first year after the law takes effect—or later if needed—the Director of the Federal Judicial Center must submit biennial reports to Congress assessing the Court's compliance with these new requirements and recommending improvements.
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