Durbin Joins Blumenthal, Ross To Introduce Legislation To Shine Light On Supreme Court Shadow Docket Decisions

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 transparency and consistency in judicial decision making.

WASHINGTON - U.S. Senate Democratic Whip Dick Durbin (D-IL), Ranking Member of the Senate Judiciary Committee, joined U.S. Senator Richard Blumenthal (D-CT) and U.S. Representative Deborah Ross (D-NC) to introduce 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 transparency and consistency in judicial decision making.

The Supreme Court's increasing reliance on the shadow docket allows it to make decisions on short notice without oral argument or any legal explanation of the Court's reasoning. The Court has utilized the shadow docket to decide 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 Trump Administration has also urged the Supreme Court to decide Trump v. Illinois, a case that will determine the legality of the Trump Administration's federalization and deployment of the National Guard in Illinois, on the shadow docket. The Trump Administration's emergency application is still pending.

"The Supreme Court's abuse of the shadow docket has allowed justices to hand down major rulings without justification and sets a dangerous precedent under which consequential cases are decided without a clear rationale-even when those cases involve a presidential administration that has shown little regard for the Constitution. This abuse of process must stop," said Durbin. "The highest court in the land should not issue decisions in the dark. The Shadow Docket Sunlight Act would require justices to explain their decision making in every case, providing the American people with the transparency and accountability they deserve from their government."

"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."

In addition to Durbin and Blumenthal, the Shadow Docket Sunlight Act is cosponsored in the Senate by U.S. Senators Cory Booker (D-NJ), 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). In addition to Ross, 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).

The text of the bill can be found here.

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