Clarence Thomas urges Supreme Court to revisit ‘questionable’ legal doctrine

Justice Clarence Thomas urged his colleagues on the Supreme Court to “reexamine” a legal doctrine that prevents someone from taking a contrary position in a lawsuit from one they took in a previous lawsuit, questioning its foundation in law. Thomas took aim at judicial estoppel in a separate concurring opinion published Thursday in the case Keathley v. Buddy Ayers Construction, Inc., which was a unanimous ruling in a bankruptcy case. Judicial estoppel is the principle that defenders have argued protects “the integrity of the judicial process,” and the majority opinion, penned by Justice Ketanji Brown Jackson, found the U.S. Court of Appeals for the 5th Circuit took the wrong approach when applying it.

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