II 118th CONGRESS 2d Session S. 4388 IN THE SENATE OF THE UNITED STATES May 22, 2024 Mr. Blumenthal (for himself, Mr. Booker , Mr. Padilla , Mr. Welch , Ms. Hirono , Mr. Sanders , Ms. Smith , Mr. Wyden , Mr. Merkley , Ms. Klobuchar , Mr. Schumer , Mr. Whitehouse , and Mr. Durbin ) introduced the following bill; which was read twice and 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 injunctive relief, and other purposes.

1. Short title This Act may be cited as the Shadow Docket Sunlight Act of 2024 . 2. Supreme Court written explanations and disclosure of voting in cases involving injunctive relief (a) In general 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 injunctive relief (a) Definitions In this section— (1) the term Supreme Court means the Supreme Court of the United States, including any individual justice or set of justices when acting on behalf of the Supreme Court of the United States; and (2) the term Supreme Court’s appellate jurisdiction 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 disclosure In any case within the Supreme Court’s appellate jurisdiction, the Supreme Court may not issue any order granting, denying, or vacating injunctive relief or granting, denying, or vacating a stay of such relief unless the Supreme Court publishes a written explanation of reasons supporting such order and indicates in writing how each participating justice voted regarding such order. (2) Multiple opinions The written explanation required under paragraph (1) may be made in 1 or more opinions representing a majority of justices participating in a decision, without regard to whether a majority of the justices participating in a decision publish the same written explanation. (3) Administrative and scheduling orders excluded The requirements of this subsection 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 injunctive relief or grant, deny, or vacate a stay of such relief. (c) Limitations and inclusions In implementing 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 orders issued in connection with a claim under chapter 5 or 7 of title 5. . (b) Conforming amendment The table of sections 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 injunctive relief. . 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 noncompliance with the requirements of section 2285 of title 28, United States Code, as added by section 2 of this Act; and (2) providing any recommendations of the Director 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 Congress the amount of additional time needed for completion of the report. 4. Severability If any provision of this Act, an amendment made by this Act, or the application of such a provision or amendment to any particular person or circumstance is held invalid, the remaining provisions of this Act and the amendments made by this Act, and the application of such remaining provisions and amendments to any other person or circumstance, shall not be affected thereby.