"The Court’s historical analysis in Roe and Lawrence confirms that a practice need not have longstanding legal protection in order to qualify for substantive due process protection. Thus, despite the absence of any laws affirmatively protecting elective abor tion, despite undisputed prohibitions on abortion for most of the century prior to Roe, and despite common law indications that at least some abortions were illegal, the Court in Roe found the historical analysis satisfied because it determined women enjoyed “substantially broader” freedom to abort at earlier times: It is thus apparent that at common law, at the time of the adoption of our Constitution, and throughout the major portion of the 19th century, abortion was viewed with less disfavor than under most American statutes currently in effect. Phrasing it another way, a woman enjoyed a substantially broader right to terminate a pregnancy than she does in most States today. At least with respect to the early stage of pregnancy, and very possibly without such a limitation, the opportunity to make this choice was present in this country well intothe 19th century. Even later, the law continued for some time to treat less punitively an abortion procured in early pregnancy."