Yeah, this article is from a supreme judge of the federal court. It describes her opinion about the death penalty. She states that could the death penalty be unconstitutional or not? She is a Roman Catholic, and uses other references to back her argument from other cases and biblical scriptures. She also cases whether it is moral or immoral to decide the death penalty.
Why do they have to bring religion in this matter. I can see why the court would press for the death penalty if you kill 40 people. But you can't legislate morality. http://www.firstthings.com/ftissues/ft0205/articles/scalia.html