Courts or Legislatures?
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In 1973 John Hart Ely favored a right to abort up to around the time of quickening. Yet he argued that Roe was wrongly decided and that decisions about abortion belong in legislatures. He claimed:

Roe offered no reason to consider the right "fundamental." Roe offered no reason why the state's interest in the life of the fetus became compelling only after viability. In the past, states have not been required to show that a person is harmed in order to prohibit or limit an activity. The Constitution supports a right of privacy but Roe offered no reason to believe that it includes the right to abort.

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