Section 1—SHORT TITLE.

This Act may be cited as the Shadow Docket Transparency Act.

Section 2—SHADOW DOCKET EXPLANATIONS AND JURISDICTION

(a) In general.—Chapter 1 of title 28, United States Code, is amended by adding at the end the following:.

• 7. — EXPLANATION OF EXTRAORDINARY RULINGS.

(a) When the Supreme Court of the United States issues an order or ruling without its full briefing schedule or oral argument [as described in Rules 12, 13, 15, 24, 25, 27 and 28 of the Rules of the Supreme Court] that reverses or vacates a lower court ruling, the Justices in the majority shall, on behalf of the Court, provide an explanation of the Court’s order or ruling that is posted on the Court’s website at the time of the order or ruling.

(b) Before granting extraordinary relief in a case or controversy that presents novel and [extensive/far-reaching] legal issues, the Court shall put a heavy presumption on the granting of oral argument, and should that argument occur outside of the Court’s typical October to April argument calendar, Congress shall appropriate any necessary funding to the Court to facilitate such an argument.

• 8. — JURISDICTION IN CAPITAL CASES.

The Supreme Court of the United States shall have mandatory appellate jurisdiction over appeals raising federal constitutional or statutory claims in capital cases.

(b) Clerical Amendment. — The table of sections for such chapter is amended by adding at the end the following:

• 7. — Explanation of extraordinary rulings.
• 8. — Jurisdiction in capital cases.

Section 3—INJUNCTIONS.

(a) In general. — Chapter 155 of title 28, United States Code, is amended by adding at the end the follow:

• 2285. — CONSOLIDATION OF NATIONWIDE INJUNCTIONS.

(a) Upon motion of the United States, a United States District Court shall transfer a case or proceeding seeking injunctive relief against the United States to the United States District Court for the District of Columbia unless such relief is [limited/applicable] only to the parties to the case or proceeding.

(b) If more than one case or controversy is transferred to U.S. District Court for the District of Columbia by the method described in (a), if the Chief Judge of that Court may consolidate those cases into a single case, which will then be assigned per the District’s regular case assignment protocols.

• 2286. — INJUNCTIVE RELIEF.

(a) When a litigant before the Supreme Court of the United States [or all courts?] seeks a permanent injunction, it must satisfy a four-factor test before the Court may grant such relief. A litigant must demonstrate, per 547 U.S. 388:

(1) that it has suffered an irreparable injury;

(2) that remedies available at law, such as monetary damages, are inadequate to compensate for that injury;

(3) that, considering the balance of hardships between the plaintiff and defendant, a remedy in equity is warranted; and

(4) that the public interest would not be disserved by a permanent injunction.

(b) Clerical Amendment. — The table of sections for such chapter is amended by adding at the end the following:

• “2285. Consolidation of nationwide injunctions.”
• “2286. Injunctive relief.”.