Supreme Court written explanations and disclosure of voting in cases involving preliminary injunctive relief

(a) In general Chapter 155 of title 28, United States Code, is amended by adding at the end the following: 2285. Written explanations and disclosure of voting in Supreme Court cases involving preliminary injunctive relief (a) Definitions In this section— (1) the term Supreme Court means the Supreme Court of the United States, including any individual justice or set of justices when acting on behalf of the Supreme Court of the United States; and (2) the term Supreme Court’s appellate jurisdiction means all cases within the jurisdiction of the Supreme Court other than those within the original jurisdiction of the Supreme Court. (b) Requirement (1) Written explanation and vote disclosure In any case within the Supreme Court’s appellate jurisdiction, the Supreme Court may not issue any order granting, denying, or vacating preliminary injunctive relief or granting, denying, or vacating a stay of preliminary injunctive relief unless the Supreme Court publishes a written explanation of reasons supporting such order and indicates in writing how each participating justice voted regarding such order. (2) Contents for orders granting, denying, or vacating preliminary injunctive relief The written explanation required under paragraph (1) for an order granting, denying, or vacating preliminary injunctive relief shall include an evaluation of the following criteria: (A) Whether an applicant seeking preliminary injunctive relief is likely to succeed on the merits. (B) Whether an applicant seeking preliminary injunctive relief is likely to suffer irreparable harm absent such relief. (C) Whether the balance of equities tips in the favor of an applicant seeking preliminary injunctive relief. (D) Whether preliminary injunctive relief is in the public interest. (3) Contents for orders granting, denying, or vacating a stay of preliminary injunctive relief The written explanation required under paragraph (1) for an order granting, denying, or vacating a stay of preliminary injunctive relief shall include an evaluation of the following criteria: (A) Whether the stay applicant has made a strong showing of the likelihood of success on the merits. (B) Whether the stay applicant will be irreparably injured absent a stay. (C) Whether issuance of the stay will substantially injure the other parties interested in the proceeding. (D) Whether a stay is in the public interest. (4) Multiple opinions The written explanation required under paragraph (1) may be made in 1 or more opinions representing a majority of justices participating in a decision, without regard to whether a majority of the justices participating in a decision publish the same written explanation. (5) Administrative and scheduling orders excluded The requirements of this subsection shall not apply to orders granting or denying applications that relate only to administrative or scheduling matters or petitions for certiorari and that do not grant, deny, or vacate preliminary injunctive relief or grant, deny, or vacate a stay of preliminary injunctive relief. (c) Limitations and inclusions In implementing this section, the following shall apply: (1) Nothing in this section shall be construed to modify the substantive standards applied by any court in deciding any case. (2) Nothing in this section shall be construed to modify the jurisdiction of the Supreme Court under any other law. (3) This section shall apply with respect to orders issued in connection with a claim under chapter 5 or 7 of title 5.. (b) Conforming amendment The table of sections for chapter 155 of title 28, United States Code, is amended by adding at the end the following: 2285. Written explanations and disclosure of voting in Supreme Court cases involving preliminary injunctive relief..