Ginsburg believed it was flawed in the same way Marshall believed the rights African Americans obtained were flawed. Most were achieved via the 14th Amendment. That Amendment doesn't say the states are wrong to try to control the bodies of women and the bodies of African Americans; it just says the 14th Amendment prevents them from exercising that control. Well, now they have figured out a way to mute the 14th Amendment. Ginsburg wanted the Court to unequivocally make it clear legally and morally the full humanity of women and African Americans. That is what is flawed about America's constitutional construct.