Title: A Big Miss By a Great Thinker
Product review: I have read every book by Posner and loved and learned from them all -- until this one. The central argument of this book is that if the Supreme Court had not stepped in, the country could have been thrown into a long and interminable political deadlock. Posner even jokes that Lawrence Summers could have become President for a short time. The problem with this argument is that we do not live in a banana republic. Even if the process had been extended and eventually decided by Congress, the country would have survived quite easily. The Court's reasoning was poor (even Posner admits that). More importantly, it was decided by Conservatives who espouse the ideal of leaving decisions to the States. It was one of the worst decisions by the Court.
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