"Despite history-friendly Justices’ best efforts, many substantive due process decisions have not adhered strictly to the history and tradition approach. For example, the majority in Lawrence v. Texas overruled history- driven Bowers v. Hardwick without once mentioning Glucksberg’s attempt at an authoritative, history-based framework. 169 Yet even those substantive due process opinions in which history was not explicitly controlling tend to make at least some effort to portray the rights they protect as “deeply rooted in this Nation’s history and tradition.” Roe v. Wade argued at length that abortion was traditionally much less strictly regulated than in the mid-twentieth century, 170 and Lawrence v. Texas sought to undermine Bowers’s historical evidence"