CCL President Robert S. Peck explained the process the justices follow in drafting opinions to explain why the draft decision in the Mississippi abortion case can be authentic but not final for WUSA-9, the CBS affiliate in Washington, DC.

      As Peck explained, the chief justice or the most senior justice in the majority assigns the opinion, which, once a draft is completed, is circulated to the other justices. Some justices will join immediately; others will agree with its thrust by ask for changes. Still, others who are planning to dissent will incorporate responses to some of the arguments in the draft opinion. This process of back and forth continues until final opinions, majority, concurring, and dissenting, are complete.