Alito's draft called the Roe decision "egregiously wrong from the start", arguing that abortion is not listed in the Constitution as a protected right, and instead would allow states to decide on abortion restrictions or guarantees under the Tenth Amendment to the U.S. Constitution.[67][68] A New York Times article compared the history sources cited by Judge Alito in the draft opinon with information provided by historians and shed some light on the history of abortion in the United States.[69]