§2. Supreme Court written explanations and disclosure of voting in cases involving preliminary injunctive relief
This section establishes new requirements under 28 U.S.C. §2285 for the Supreme Court, including individual justices acting on its behalf, to publish a written explanation of reasons and disclose how each participating justice voted on any order within its appellate jurisdiction (i.e., excluding original jurisdiction cases) that grants, denies, or vacates preliminary injunctive relief or a stay thereof. For orders on preliminary injunctive relief, the explanation must evaluate (1) the applicant's likelihood of success on the merits, (2) likelihood of irreparable harm absent relief, (3) balance of equities, and (4) public interest; for stay orders, it must evaluate (1) the stay applicant's strong showing of likelihood of success on the merits, (2) irreparable injury absent a stay, (3) substantial injury to other parties, and (4) public interest. (Thus, these standard criteria from federal injunction precedents—e.g., Winter v. NRDC, 555 U.S. 7 (2008)—must now be explicitly addressed in writing for such "shadow docket" decisions.) The explanation may appear in one or more majority opinions and excludes administrative or scheduling orders or certiorari petitions not affecting injunctive relief; the requirements do not alter substantive standards or Supreme Court jurisdiction and apply to orders connected to Administrative Procedure Act claims (5 U.S.C. chs. 5, 7). This section also makes a conforming amendment to the table of sections for 28 U.S.C. ch. 155.