HR6816-119

2. Supreme Court written explanations and disclosure of voting in cases involving preliminary injunctive relief Chapter 155 of title 28, United States Code, is amended by adding at the end the following: In this section— 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 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. In any case within the Supreme Court’s appellate jurisdiction, the Supreme Court may not issue any order granting, denying, or vacating preliminary injunctive relief or granting, denying, or vacating a stay of preliminary injunctive 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. 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: Whether an applicant seeking preliminary injunctive relief is likely to succeed on the merits. Whether an applicant seeking preliminary injunctive relief is likely to suffer irreparable harm absent such relief. Whether the balance of equities tips in the favor of an applicant seeking preliminary injunctive relief. Whether preliminary injunctive relief is in the public interest. The written explanation required under paragraph (1) for an order granting, denying, or vacating a stay of preliminary injunctive relief shall include an evaluation of the following criteria: Whether the stay applicant has made a strong showing of the likelihood of success on the merits. Whether the stay applicant will be irreparably injured absent a stay. Whether issuance of the stay will substantially injure the other parties interested in the proceeding. Whether a stay is in the public interest. 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. 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 preliminary injunctive relief or grant, deny, or vacate a stay of preliminary injunctive relief. In implementing this section, the following shall apply: Nothing in this section shall be construed to modify the substantive standards applied by any court in deciding any case. Nothing in this section shall be construed to modify the jurisdiction of the Supreme Court under any other law. This section shall apply with respect to orders issued in connection with a claim under chapter 5 or 7 of title 5. 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 preliminary injunctive relief (a)DefinitionsIn 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 disclosureIn any case within the Supreme Court’s appellate jurisdiction, the Supreme Court may not issue any order granting, denying, or vacating preliminary injunctive relief or granting, denying, or vacating a stay of preliminary injunctive 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)Contents for orders granting, denying, or vacating preliminary injunctive reliefThe 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 preliminary injunctive relief is likely to succeed on the merits. (B)Whether an applicant seeking preliminary injunctive relief is likely to suffer irreparable 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, denying, or vacating a stay of preliminary injunctive reliefThe written explanation required under paragraph (1) for an order granting, denying, 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 irreparably injured absent a stay. (C)Whether issuance of the stay will substantially injure the other parties interested in the proceeding. (D)Whether a stay is in the public interest. (4)Multiple opinionsThe 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. (5)Administrative and scheduling orders excludedThe 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 preliminary injunctive relief or grant, deny, or vacate a stay of preliminary injunctive relief. (c)Limitations and inclusionsIn 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.. 2285. Written explanations and disclosure of voting in Supreme Court cases involving preliminary injunctive relief..

2285. Written explanations and disclosure of voting in Supreme Court cases involving preliminary injunctive relief In this section— 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 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. In any case within the Supreme Court’s appellate jurisdiction, the Supreme Court may not issue any order granting, denying, or vacating preliminary injunctive relief or granting, denying, or vacating a stay of preliminary injunctive 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. 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: Whether an applicant seeking preliminary injunctive relief is likely to succeed on the merits. Whether an applicant seeking preliminary injunctive relief is likely to suffer irreparable harm absent such relief. Whether the balance of equities tips in the favor of an applicant seeking preliminary injunctive relief. Whether preliminary injunctive relief is in the public interest. The written explanation required under paragraph (1) for an order granting, denying, or vacating a stay of preliminary injunctive relief shall include an evaluation of the following criteria: Whether the stay applicant has made a strong showing of the likelihood of success on the merits. Whether the stay applicant will be irreparably injured absent a stay. Whether issuance of the stay will substantially injure the other parties interested in the proceeding. Whether a stay is in the public interest. 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. 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 preliminary injunctive relief or grant, deny, or vacate a stay of preliminary injunctive relief. In implementing this section, the following shall apply: Nothing in this section shall be construed to modify the substantive standards applied by any court in deciding any case. Nothing in this section shall be construed to modify the jurisdiction of the Supreme Court under any other law. This section shall apply with respect to orders issued in connection with a claim under chapter 5 or 7 of title 5.

3. Reports 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— 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 providing any recommendations of the Director regarding ways to improve compliance with such section 2285. 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.