S&E Contractors, Inc. v. United States — Brennan, J., dissenting

Summary

Justice Brennan dissents, arguing that the Wunderlich Act was intended to give both contractors and the Government equal judicial review of disputes‑clause decisions and that the majority’s limitation of review to contractors is contrary to the statute’s language and legislative history. He contends that the Government may not rely on the Act to challenge a disputes decision favorable to a contractor, and that Congress should amend the law to correct the imbalance. The dissent is joined by Justices White and Marshall.