"Professor Ely's admiration for the Warren Court was not unbounded. The main strand of Warren Court liberalism was small-d democracy, Professor Tushnet said. There was another strand, of personal autonomy, which was 1960's stuff. Ely didn't agree with it. Professor Ely expressed that disagreement most memorably in a caustic critique of the reasoning in Roe v. Wade, the 1973 decision finding a right to abortion in the Constitution. Earl Warren was no longer chief justice by then, but the Roe decision was rooted in a 1965 decision of the court. What is frightening about Roe is that this super-protected right, Professor Ely wrote in the Yale Law Journal in 1973, is not inferable from the language of the Constitution, the framers' thinking respecting the specific problem in issue, any general value derivable from the provisions they included, or the nation's governmental structure. Professor Ely had said he supported the availability of abortion as a matter of policy. But he wrote that the Roe decision was untenable as a matter of intellectually honest jurisprudence. It is not constitutional law, he said of the decision, and gives almost no sense of an obligation to try to be."