S. 3533 — Shadow Docket Sunlight Act of 2025

This section establishes a new section 2285 of title 28, United States Code, requiring the Supreme Court, in cases within its appellate jurisdiction, to publish a written explanation of reasons and disclose how each participating justice voted before issuing any order granting, denying, or vacating 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. The requirement allows multiple majority opinions, excludes administrative or scheduling orders and certiorari petitions not affecting such relief, preserves existing substantive standards and jurisdiction, and applies specifically to orders connected to claims under the Administrative Procedure Act (5 U.S.C. chapters 5 or 7). This section also makes a conforming amendment to the table of sections for chapter 155 of title 28, United States Code.

This section directs the Director of the Federal Judicial Center to submit to Congress by April 1 of the first year beginning more than 180 days after enactment—and biennially thereafter—a report (1) assessing compliance or noncompliance with section 2285 of title 28, United States Code (as added by section 2), and (2) providing recommendations to improve such compliance. For the first report, the director may submit it after the due date if notifying Congress in writing of the additional time needed.

This section provides that the invalidation of any provision of the Act or its amendments, or their application to any person or circumstance, does not affect the remainder of the Act or its amendments, or their application to other persons or circumstances.