Blumenthal, Ross Lead Bicameral Legislation to Shine Light on Supreme Court Shadow Docket Decisions

[WASHINGTON, D.C.] - U.S. Senator Richard Blumenthal (D-CT) and U.S. Representative Deborah Ross (D-NC) introduced bicameral legislation establishing transparency in decisions on the Supreme Court's emergency docket, also known as the "shadow docket." The Shadow Docket Sunlight Act requires the Supreme Court to provide a written explanation for shadow docket decisions and a vote count detailing how each Justice voted on the decision, promoting public understanding and consistency in judicial decision making.

The Supreme Court has increasingly relied on the shadow docket-making decisions on short notice without oral argument or any legal explanation of the Court's reasoning. 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 shadow docket decision in Noem v. Vasquez Perdomo, a highly chilling legal landmark, condones racial profiling in Trump's immigration enforcement. 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," said Blumenthal.

"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 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 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), Chuck Schumer (D-NY), Tina Smith (D-MN), Peter Welch (D-VT), Sheldon Whitehouse (D-RI), and Ron Wyden (D-OR). The legislation is cosponsored in the House of Representatives by U.S. Representatives Jamie Raskin (D-MD) and Hank Johnson (D-GA).

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.

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