I am certain Justice Scalia was taken out of context because he is no dummy. Perhaps Scalia was referring to the text of USSR Bill of Rights (or whatever it was called). The USSR was notorious for legal promises but either not fulfilling promises or abrogating a law with a new obscure law. The text is outstanding yet not enforced on the old Soviet Union. Besides I doubt Ginsburg would be on board with the text of the USSR Rights and would be closer to how the USSR enforced the text.
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