Shadow Docket Sunlight Act of 2025
Summary
The Shadow Docket Sunlight Act of 2025 aims to increase transparency and accountability within the Supreme Court, specifically concerning decisions related to preliminary injunctive relief. It mandates that the Supreme Court provide written explanations for orders granting, denying, or vacating preliminary injunctions or stays, and disclose how each justice voted. The bill also requires the Director of the Federal Judicial Center to report to Congress on compliance with these requirements.
Expected Effects
If enacted, this act would change the Supreme Court's procedures regarding preliminary injunctive relief. It would require more detailed justifications and public disclosure of votes. This could lead to greater public understanding of the Court's reasoning and potentially influence the justices' decision-making processes.
Potential Benefits
- Increased transparency in Supreme Court decisions regarding preliminary injunctions.
- Greater accountability for individual justices' votes on these matters.
- Improved public understanding of the legal reasoning behind these decisions.
- Potential for more consistent application of standards for preliminary injunctive relief.
- Data collection and reporting on compliance to identify areas for improvement.
Potential Disadvantages
- Potential for increased politicization of judicial decisions due to public scrutiny.
- Possible delays in the issuance of orders due to the requirement for written explanations.
- Risk of chilling effects on justices' decision-making if they fear public backlash.
- Increased workload for the Supreme Court and the Federal Judicial Center.
- Possible challenges to the interpretation and implementation of the Act's requirements.
Constitutional Alignment
The bill's focus on transparency and accountability aligns with the spirit of open government, though the Constitution does not explicitly address the level of detail required in judicial decisions. Article III vests judicial power in the Supreme Court, and Congress has the power to regulate the Court's appellate jurisdiction. The Act does not appear to infringe on the Court's core judicial functions, but rather seeks to regulate procedures related to specific types of orders.
Impact Assessment: Things You Care About ⓘ
This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).