S4388-118

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 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 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. 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 injunctive relief or grant, deny, or vacate a stay of such 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 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 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 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.(3)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 injunctive relief or grant, deny, or vacate a stay of such 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 injunctive relief..

2285. Written explanations and disclosure of voting in Supreme Court cases involving 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 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. 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 injunctive relief or grant, deny, or vacate a stay of such 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.

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.