"Mark Tushnet interprets the question of what Roe should have said differently from all the other participants; he asks what were the best arguments that could have been generated by someone who could plausibly have been a Justice on the Supreme Court in 1973. The men who decided Roe (there would not be a woman Justice for almost a decade) did not understand the connection between abortion rights and the Equal Protection Clause. In his view, Justice Douglas’s concurrence in Doe (which was drafted in conversation with Justice Brennan) was the best that the Court probably could have done under the circumstances, and it forms the model for Tushnet’s opinion."