U.S. Senate Democratic Whip Dick Durbin, Ranking Member of the Senate Judiciary Committee, has joined Senator Richard Blumenthal and Representative Deborah Ross in introducing new legislation aimed at increasing transparency in the Supreme Court’s emergency docket, often referred to as the “shadow docket.” The proposed Shadow Docket Sunlight Act would require the Supreme Court to provide written explanations for its shadow docket decisions and disclose how each Justice voted.
The emergency docket allows the Supreme Court to make decisions quickly without oral arguments or detailed legal reasoning. In recent years, the Court has used this process for several significant cases. One example is the September 8, 2025 decision in Noem v. Vasquez Perdomo, which permits ICE agents to stop and arrest individuals based on appearance, language spoken, residence, and occupation.
Another pending case is Trump v. Illinois, where the Trump Administration has asked the Supreme Court to rule on its deployment of the National Guard in Illinois through the shadow docket.
Durbin stated: “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. 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.”
Blumenthal added: “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.”
Ross commented: “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. 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 bill is cosponsored by several Senators including Cory Booker, Amy Klobuchar, Alex Padilla, Jack Reed, Bernie Sanders, Adam Schiff, Chuck Schumer, Tina Smith, Peter Welch, Sheldon Whitehouse and Ron Wyden; Representatives Jamie Raskin and Hank Johnson have also signed on as cosponsors in the House.
Organizations supporting this legislation include 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 Senate Judiciary Committee plays a central role in shaping constitutional protections and public safety across America through its legislative work and oversight responsibilities according to its official website. It reviews legislation related to judicial matters such as this proposed act while also overseeing federal law enforcement agencies and evaluating judicial nominations.
More information about committee operations can be found at the official site.
