In December, the state of Mississippi asked the justices to overturn both the 1973 and 1992 rulings. And Alito’s draft opinion seems to adopt the Mississippi arguments.
After an initial vote among the justices following an oral argument, Justice Samuel Alito was assigned to write the draft of the majority opinion. It is then circulated to all the justices.
According to an initial leaked draft “Roe was egregiously wrong from the start,” conservative Justice Samuel Alito wrote in the February 10th draft opinion.
Based on Alito’s opinion, Roe v. Wade that was “wrongly decided” because the U.S. Constitution makes no specific mention of abortion rights.
“Abortion presents a profound moral question. The Constitution does not prohibit the citizens of each state from regulating or prohibiting abortion,” Alito said in the Supreme Court leak.
After an initial vote among the justices following an oral argument, one is assigned the majority opinion and writes a draft. It is then circulated among the justices.