Breaking the Deadlock

Richard A. Posner, a federal appeals judge and legal scholar, examines how America chooses its presidents. He traces the historical development of electoral law and the practices built on it, then weighs the theory behind them.

The centerpiece is the disputed Florida vote of 2000. Posner asks which candidate actually carried the state's popular count, a question the official tally could not settle. He then follows the lawsuits that followed the recount fight, including the courtroom battles that decided the outcome.

He also turns a critical eye on the judges, attorneys, and pundits who shaped the dispute, assessing how each handled it. The book closes with a proposed plan for revising the country's presidential election procedures.