Justice Clarence Thomas has called on the Supreme Court to reconsider the legal doctrine of judicial estoppel, which prevents parties from taking contradictory positions in lawsuits. His comments were made in a concurring opinion published on June 12, 2026, in the case Keathley v. Buddy Ayers Construction, Inc., where the court ruled unanimously in a bankruptcy matter. Thomas, who joined the majority opinion authored by Justice Ketanji Brown Jackson, expressed concerns about the broad application of judicial estoppel by lower federal courts, arguing that it lacks a solid legal foundation and has been adopted without sufficient justification from the Supreme Court's precedents.
In his six-page opinion, Thomas stated that judicial estoppel has gained widespread acceptance in the Courts of Appeals despite its questionable legal basis. He emphasized that it is unclear what authority federal courts have to enforce this doctrine, which he believes lacks support from any statute or federal rule. Thomas concluded by urging the Supreme Court to take on a case that challenges the validity of judicial estoppel.
This opinion is part of a pattern for Thomas, who often writes separate opinions to advocate for the court to address longstanding legal doctrines or precedents. He is the most senior member of the Supreme Court, having been nominated by former President George H.W. Bush in 1991.