The SHADOW Act would require the Supreme Court to provide written explanations when it grants or denies emergency orders that pause lower court rulings while appeals are pending. Currently, the Supreme Court can issue these stays with minimal or no public explanation. Under this bill, the Court would need to document specific reasons for its decisions, including whether the applicant faces irreparable harm, whether other parties would be injured, and whether the decision serves the public interest. These explanations would be published on the Court's public docket at the time of the decision, or within seven days if immediate action is needed to prevent harm. The bill also applies similar transparency requirements to emergency writs issued under the All Writs Act, another tool the Supreme Court uses for emergency relief. The legislation aims to increase accountability and transparency in the Supreme Court's emergency decision-making processes without changing what the Court is legally allowed to do.
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