I 
119TH CONGRESS 
1ST SESSION H. R. 6816 
To improve the administration of justice by requiring written explanations 
by the Supreme Court of its decisions and the disclosure of votes by 
justices in cases within the appellate jurisdiction of the Supreme Court 
that involve preliminary injunctive relief, and other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
DECEMBER 17, 2025 
Ms. ROSS (for herself, Mr. RASKIN, Mr. JOHNSON of Georgia, Ms. SCANLON, 
and Mr. CORREA) introduced the following bill; which was referred to the 
Committee on the Judiciary 
A BILL 
To improve the administration of justice by requiring written 
explanations by the Supreme Court of its decisions and 
the disclosure of votes by justices in cases within the 
appellate jurisdiction of the Supreme Court that involve 
preliminary injunctive relief, and other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Shadow Docket Sun-
light Act of 2025’’. 
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SEC. 2. SUPREME COURT WRITTEN EXPLANATIONS AND 
DISCLOSURE OF VOTING IN CASES INVOLV-
ING PRELIMINARY INJUNCTIVE RELIEF. 
(a) IN GENERAL.—Chapter 155 of title 28, United 
States Code, is amended by adding at the end the fol-
lowing: 
‘‘§ 2285. Written explanations and disclosure of voting 
in Supreme Court cases involving pre-
liminary injunctive relief 
‘‘(a) DEFINITIONS.—In this section— 
‘‘(1) the term ‘Supreme Court’ means the Su-
preme Court of the United States, including any in-
dividual justice or set of justices when acting on be-
half of the Supreme Court of the United States; and 
‘‘(2) the term ‘Supreme Court’s appellate juris-
diction’ means all cases within the jurisdiction of the 
Supreme Court other than those within the original 
jurisdiction of the Supreme Court. 
‘‘(b) REQUIREMENT.— 
‘‘(1) WRITTEN EXPLANATION AND VOTE DIS-
CLOSURE.—In any case within the Supreme Court’s 
appellate jurisdiction, the Supreme Court may not 
issue any order granting, denying, or vacating pre-
liminary injunctive relief or granting, denying, or 
vacating a stay of preliminary injunctive relief unless 
the Supreme Court publishes a written explanation 
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of reasons supporting such order and indicates in 
writing how each participating justice voted regard-
ing such order. 
‘‘(2) CONTENTS FOR ORDERS GRANTING, DENY-
ING, OR VACATING PRELIMINARY INJUNCTIVE RE-
LIEF.—The written explanation required under 
paragraph (1) for an order granting, denying, or 
vacating preliminary injunctive relief shall include an 
evaluation of the following criteria: 
‘‘(A) Whether an applicant seeking prelimi-
nary injunctive relief is likely to succeed on the 
merits. 
‘‘(B) Whether an applicant seeking pre-
liminary injunctive relief is likely to suffer ir-
reparable harm absent such relief. 
‘‘(C) Whether the balance of equities tips 
in the favor of an applicant seeking preliminary 
injunctive relief. 
‘‘(D) Whether preliminary injunctive relief 
is in the public interest. 
‘‘(3) CONTENTS FOR ORDERS GRANTING, DENY-
ING, OR VACATING A STAY OF PRELIMINARY INJUNC-
TIVE
RELIEF.—The written explanation required 
under paragraph (1) for an order granting, denying, 
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or vacating a stay of preliminary injunctive relief 
shall include an evaluation of the following criteria: 
‘‘(A) Whether the stay applicant has made 
a strong showing of the likelihood of success on 
the merits. 
‘‘(B) Whether the stay applicant will be ir-
reparably injured absent a stay. 
‘‘(C) Whether issuance of the stay will sub-
stantially injure the other parties interested in 
the proceeding. 
‘‘(D) Whether a stay is in the public inter-
est. 
‘‘(4) MULTIPLE OPINIONS.—The written expla-
nation required under paragraph (1) may be made 
in 1 or more opinions representing a majority of jus-
tices participating in a decision, without regard to 
whether a majority of the justices participating in a 
decision publish the same written explanation. 
‘‘(5) ADMINISTRATIVE
AND
SCHEDULING
OR-
DERS EXCLUDED.—The requirements of this sub-
section shall not apply to orders granting or denying 
applications that relate only to administrative or 
scheduling matters or petitions for certiorari and 
that do not grant, deny, or vacate preliminary in-
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junctive relief or grant, deny, or vacate a stay of 
preliminary injunctive relief. 
‘‘(c) LIMITATIONS
AND
INCLUSIONS.—In imple-
menting this section, the following shall apply: 
‘‘(1) Nothing in this section shall be construed 
to modify the substantive standards applied by any 
court in deciding any case. 
‘‘(2) Nothing in this section shall be construed 
to modify the jurisdiction of the Supreme Court 
under any other law. 
‘‘(3) This section shall apply with respect to or-
ders issued in connection with a claim under chapter 
5 or 7 of title 5.’’. 
(b) CONFORMING AMENDMENT.—The table of sec-
tions for chapter 155 of title 28, United States Code, is 
amended by adding at the end the following: 
‘‘2285. Written explanations and disclosure of voting in Supreme Court cases 
involving preliminary injunctive relief.’’. 
SEC. 3. REPORTS. 
(a) IN GENERAL.—Not later than April 1 of the first 
year that begins more than 180 days after the date of 
enactment of this Act, and April 1 of every second year 
thereafter, the Director of the Federal Judicial Center 
shall submit to Congress a report— 
(1) assessing the extent of compliance or non-
compliance with the requirements of section 2285 of 
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title 28, United States Code, as added by section 2 
of this Act; and 
(2) providing any recommendations of the Di-
rector regarding ways to improve compliance with 
such section 2285. 
(b) ADDITIONAL TIME.—For the first report required 
under subsection (a), the Director of the Federal Judicial 
Center may submit the report after the date described in 
that subsection if the Director identifies in writing to Con-
gress the amount of additional time needed for completion 
of the report. 
SEC. 4. SEVERABILITY. 
If any provision of this Act, an amendment made by 
this Act, or the application of such a provision or amend-
ment to any particular person or circumstance is held in-
valid, the remaining provisions of this Act and the amend-
ments made by this Act, and the application of such re-
maining provisions and amendments to any other person 
or circumstance, shall not be affected thereby. 
Æ 
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