Thomas Urges Supreme Court to 'Reexamine' 169-Year-Old Judicial Doctrine
Summary
Supreme Court Justice Clarence Thomas asked the court to review the legal rule called judicial estoppel, which stops people from making conflicting statements in different court cases. He said this rule, which is about 169 years old, may not have a strong legal basis and is applied too widely.Key Facts
- Justice Thomas wrote a separate opinion during a bankruptcy case called Keathley v. Buddy Ayers Construction.
- Judicial estoppel prevents people from changing their stories to gain an advantage in court.
- The rule dates back to an 1857 Tennessee case but was rarely used for many years.
- Federal courts began applying it more often only in recent decades.
- Thomas says the rule is now common but lacks clear support from law or Supreme Court decisions.
- The rule can block claims even when the cases involved are unrelated and have different parties.
- The case involved a man who did not tell the bankruptcy court about a possible lawsuit while repaying his debts.
- Lower courts ruled against the man, citing judicial estoppel to stop his later lawsuit.
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