This is true. While I think Marbury v. Madison yielded a desirable result, it wasn't the correct result. My preference would have been for the court to rule differently and for the Constitution to be amended. After 230 years or however long its been since Marbury, I think judicial review, rightly or wrongly, fits under the "prescriptive constitution" doctrine. Like Marbury, I think Roe yielded a desirable result but was one without any constitutional basis. However, 60 years later, I think the prescriptive constitution concept arguably applies to Roe as well. Not sure I agree with the prescriptive constitution argument and never really thought a lot about it. It's something to at least consider where reliance interests are present.