Cite as: 538 U. S. 408 (2003)
Ginsburg, J., dissenting
Gore, 517 U. S., at 607 (Ginsburg, J., dissenting). Even if I were prepared to accept the flexible guides prescribed in Gore, I would not join the Court's swift conversion of those guides into instructions that begin to resemble marching orders. For the reasons stated, I would leave the judgment of the Utah Supreme Court undisturbed.
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