By The Hon. Michael W. McConnell, Richard and Frances Mallery Professor of Law at Stanford Law School and formerly a judge on the U.S. Court of Appeals for the Tenth Circuit; and Sidney S. Rosdeitcher, of counsel with the law firm Paul, Weiss, Rifkind, Wharton & Garrison LLP and Senior Policy Advisor to the Brennan Center for Justice at New York University School of Law.