Well, she is. But, unfortunately, because of folks who think like Fred, so is Article One, Section Two, of the Florida constitution, and the Fifth and the Fourteenth Amendments to the U.S. Constitution.
Every elected official takes an oath to protect those things, including the Governor of Florida, and the President of the United States. It isn't, as Thompson claims, up to the courts, solely. When a judge gets out of hand and breaches unalienable rights, especially when their actions threaten to kill a citizen, the other branches of government have the duty to step in and prevent the outrage.
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
And the Section 1 of the Fourteenth Amendment:
Section 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
That makes a pretty clear case that Fred was right and it is up to the courts. Terry Schiavo did get "due process" in that there was a hearing before a judge and appeals, actually all the way to the Supreme Court. Some of that wouldn't have happened without what Congress did and that's why I think they were right to do what they did, but she did have due process.
I happen to think the decision was wrong and that the main Florida judge is a corrupt person in thrall to the Scientologists, who really pushed the whole thing based on their principle of getting rid of "useless eaters." But Fred is still right on this one as a matter of law.
I also think that these sections should apply to the unborn as I consider them living humans. That would solve the abortion argument pretty quickly if every woman had to get a court ruling in order to get an abortion it would cut out the "convenience" abortions (abortion as birth control) and limit it to cases where it was an issue that needs some justification. I can appreciate medical abortions (where a decision has to be made between the life of the mother and the life of the child) and it would mean most abortions would probably end up being that type.
(Oh, am I going to get flamed from all sides for this post!)