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Commentary: It is the miracle of the rule of law in U.S.

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By Susan Estrich

It’s easy, as a law professor and practicing lawyer, to take the rule of law for granted and even to question its existence. In my classes, I teach students cases in which courts, on similar facts, reach conflicting results, notwithstanding the fundamental principle that the rule of law means like cases must be treated alike. What’s the difference, I ask my students, knowing that sometimes, the answer is no more than who is sitting in the room.

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