Raskin, Ross, Blumenthal, Johnson Lead Bicameral Legislation to Increase Transparency on Supreme Court Shadow Docket Decisions
Washington, D.C. — Today, House Judiciary Committee Ranking Member Jamie Raskin (MD-08), Congresswoman Deborah Ross (NC-02), U.S. Senator Richard Blumenthal (D-CT), and Congressman Hank Johnson (GA-04) introduced bicameral legislation to create greater visibility into decisions on the Supreme Court’s emergency docket, known as the “shadow docket.” The Shadow Docket Sunlight Act requires the Supreme Court to provide explanation of shadow docket decisions, as well as a vote count of each Justice’s individual vote to promote transparency and consistency in the Court’s decision making.
The judicial overreach of this administration has resulted in a Supreme Court increasingly reliant on the shadow docket, making consequential decisions on short notice without oral argument or legal explanation of the Court’s ruling. The Court has utilized the shadow docket to make decisions on a number of wide-ranging, highly consequential cases, including the September 8, 2025 decision in Noem v. Vasquez Perdomo. The decision allows ICE agents to stop and arrest individuals based on their appearance, the language they speak, where they live, and what they do for work.
“The Roberts Court’s reliance on the Shadow Docket to covertly fast-track one-paragraph decisions on major cases drives tremendous mistrust toward Justices already facing record-low levels of public confidence,” said Ranking Member Raskin. “The Shadow Docket Sunlight Act would peel back the curtain hiding a Court using the Shadow Docket to centralize power in the president and undercut the rights and freedoms of the people.”
“The conservative majority on the Supreme Court continues to issue harmful, backwards decisions through the shadow docket, often offering no explanation of their reasoning or how the justices voted,” said Congresswoman Ross. “From allowing DOGE to access sensitive data to permitting the illegal mass firings of federal employees, the Supreme Court has used the shadow docket to hand down major decisions that impact millions of Americans’ daily lives. This important legislation will require the Court to operate with the transparency that the American people deserve.”
“The shadow docket decision in Noem v. Vasquez Perdomo, a highly chilling legal landmark, condones racial profiling in Trump’s immigration enforcement,” said Senator Blumenthal. “Shockingly, this very significant ruling was issued without any public argument or majority opinion. The Shadow Docket Sunlight Act shines light on the Supreme Court’s emergency docket rulings, like Vazquez Perdomo, and requires the Supreme Court to be accountable and explain its rulings. Americans deserve clarity from the nation’s highest Court—especially as the Court increasingly uses the shadow docket to issue far-reaching consequential decisions. Recent shadow docket decisions demonstrate the dire need for our legislation’s enforceable guidelines that hold the Court accountable.”
“Emergency decisions were never meant to decide weighty questions fundamental to our democracy,” said Congressman Johnson, ranking member of the Courts subcommittee. “But that’s exactly what how the Supreme Court is using it today, without oral argument and with no transparency in decision-making. For justice to be fair, it must be open and transparent. Knowing how the justices voted and receiving a basic explanation for the decision is necessary to restore the founders’ intent for the functions of the Supreme Court of the United States. The Shadow Docket Sunlight Act is a crucial first step in restoring faith in the rule of law.”
The Shadow Docket Sunlight Act is cosponsored in the Senate by U.S. Senators Cory Booker (D-NJ), Dick Durbin (D-IL), Amy Klobuchar (D-MN), Alex Padilla (D-CA), Jack Reed (D-RI), Bernie Sanders (I-VT), Adam Schiff (D-CA), Tina Smith (D-MN), Peter Welch (D-VT), Sheldon Whitehouse (D-RI), and Ron Wyden (D-OR). The legislation is endorsed by a number of organizations including the National Women’s Law Center, Fix the Court, People for the American Way, Court Accountability Action, and Citizens for Responsibility and Ethics in Washington (CREW).
"Justice Barrett said in September that the Court's shadow docket orders are 'not the final resolution [...], just an interim call.' But tell that to the men and women the Trump administration has deported, fired or pulled funding from thanks to these 'interim' rulings. Despite countless threats to their safety and immense pressure to work quickly, lower court judges are writing well-reasoned opinions on fast-developing issues in record time; that the justices can't do the same is disrespectful to their fellow jurists and to the rule of law. Thankfully, Sen. Blumenthal has crafted legislation that puts a greater onus on SCOTUS to do that very work and make the shadow docket less shadowy," said Fix the Court executive director Gabe Roth.
“As the public's trust in the Supreme Court remains near historic lows, the justices must become more—not less—transparent. But the marked increase in the Supreme Court's shadow docket rulings last term further shielded the court's decision making from the public eye,” said Debra Perlin, Vice President for Policy at CREW. “Americans deserve to understand how and why court decisions are made, and we applaud Sen. Blumenthal for introducing the Shadow Docket Sunlight Act to advance transparency and accountability in our nation's highest court. We urge the Senate to swiftly consider and pass this important legislation.”
The text of the bill can be found here.