The Dobbs draft does not argue against the right of privacy. In fact, it reaffirms several rulings where this is applied. The difference is that none of those conflicted with what Roe v. Wade called "potential life." Alito's argument is that the way Roe v. Wade establishes this balance is inherently legislative, which represents a major abuse of court power, and Alito wants this power to the restored to the states.