Historic Cases: Spearin v. United States

Abstract

When I agreed to write a regular column based upon historic cases, I did not give much thought as to how I would define a historic case. But in this first column I should state my criteria for choosing a particular case or, as we will see on occasion, a pair of cases as historic. A case can become historic because of the judicial stature of the judge who wrote the opinion. Another factor is the reputation of the court that handed down the opinion as a “leading jurisdiction” to which other courts look for guidance. A historic case may change existing law or move it in a new direction. Sometimes such a case clarifies an unclear law. A historic opinion can provide a careful articulation of its holding as well as a coherent rationale for the legal rule announced. Both are needed to guide the bench and bar in future cases as well as guide those who must perform in accordance with the law. A historic case may give its name to a particular legal rule. The rule becomes known by the case name. But at times the case name may have been forgotten as later cases may take on the mantle of the rule and are cited more often. If so, we may be hard put to remember the name of the fountainhead case, though this does not necessarily diminish the classification of the earlier case as historic. That many cases that have followed the rule articulated by the earlier case may make the case historic. A case can be historic because it has been enshrined in the textbooks. A construction law case, for example, can be considered historic when it is known by construction lawyers and generates continued critique and appraisal. My first historic case, Spearin v. United States, fits many of the criteria for the classifying of the case as historic. It set forth a rule that became established and followed. The opinion was written by a famous judge and the case was decided by the highest court in the land. The name of the case became identified with the legal doctrine it generated. We hear many references to the Spearin doctrine. Constant appraisal and study is demonstrated by the frequent conferences and workshops devoted to it. Finally, it has been reproduced in the leading Construction Law texts Sweet and Schneier 2009 , and is one known by the construction bar and others involved in construction. Now let us look at the case. Spearin v. United States was decided in 1918. The opinion was written for a unanimous United States Supreme Court by Mr. Justice Louis Brandeis. Mr. Justice Brandeis was an important and well-known Supreme Court judge. I am certain that his authorship gave the case more significance than it would have had were it written by an ordinary judge. That it was decided by the highest court in the land adds to its stature. A case decided by the United States Supreme Court is a rarity in construction law. Of course, the Court may venture into construction disputes now and then, such as in cases involving affirmative action in awarding public contracts Adarand