H.R. 6816: Shadow Docket Sunlight Act of 2025 (119th Congress) Bill Summary

The bill, titled the Shadow Docket Sunlight Act of 2025, aims to enhance transparency regarding the decisions made by the Supreme Court of the United States, particularly concerning preliminary injunctive relief. Below are the key components of the bill:

Written Explanations

The bill mandates that whenever the Supreme Court issues an order that grants, denies, or vacates preliminary injunctive relief, or issues a stay on such relief, it must provide a written explanation for its decision. This explanation must include:

An evaluation of whether the applicant is likely to succeed on the merits of their case.
An assessment of whether the applicant would suffer irreparable harm without the relief.
An analysis of whether the balance of equities leans in favor of the applicant.
A determination of whether granting the relief serves the public interest.

Disclosure of Voting

The bill also requires the Supreme Court to disclose how each participating justice voted on the orders related to preliminary injunctive relief. This aims to increase accountability and provide clearer insights into the decision-making processes of the justices.

Multiple Opinions

The written explanations can be delivered through one or more opinions representing the views of a majority of justices involved in the decision. This means that not all justices need to agree on a single explanation for it to be published.

Exclusions

Certain orders are excluded from these requirements, specifically those related to administrative or scheduling matters and petitions for certiorari that do not involve preliminary injunctive relief.

Compliance Monitoring

The Director of the Federal Judicial Center is tasked with submitting a report to Congress, assessing adherence to the new requirements and providing recommendations for improvements. Initial reports will be due by April 1 of the first year following the bill's enactment, and subsequently every two years.