"It is now almost 25 years since a prominent Harvard law professor, John Ely, wrote that, Roe is bad because it is bad constitutional law, or rather because it is not constitutional law and gives almost no sense of an obligation to try to be. Pro-choice scholars have, I think, tacitly conceded Ely’s criticism, for they have labored hard to supply the justification for Roe that the Roe Court did not. None of these scholarly attempts has, in my view, succeeded, and some of these efforts have been especially troubling. Some scholars, eager to support the legal historical claims relied upon by the Roe Court, has submitted briefs in the Supreme Court, notably the Webster case, which some scholars knew made false claims about the history of abortion law."