Nan D. Hunter has argued that "Lawrence" used a new method of substantive due process analysis, and that the Court intended to abandon its old method of categorizing due process rights as either "fundamental" or "not fundamental" as too restrictive. Justice Souter, for example, argued in "Washington v. Glucksberg" that the role of the Court in all cases, including unenumerated rights cases, is to ensure that the government's action has not been arbitrary. Justice Stevens had repeatedly criticized tiered scrutiny and preferred a more active judicial balancing test based on reasonability.