Andy – I’m afraid you’re still not convincing me. The Eighth Amendment — a substantive protection — should “inform” the standards for due process? How is this anything other than substantive due process through the back door? Indeed, I’m tempted to ask how your interpretation of the Schiavo legislation is not itself premised upon a notion of substantive due process. It seems to me that the claim that Florida courts violated her procedural federal due process rights — the one’s the Constitution actually protects — is fairly weak.