Catholic Justices and the Death Penalty

I appreciate very much Eduardo's recent post -- following up on our earlier not-quite-serious exchange -- about Catholic Justices in death-penalty cases.  I am open to his argument that "general immorality of the death penalty imposes some obligations on someone in a position of authority with the discretion to act accordingly."  That said, I remain leery of suggestions -- and I am not saying Eduardo is suggesting -- that (a) because the death penalty is immoral, it follows that (b) in order to judge morally, a Catholic appellate judge needs to sustain (all) legal claims brought by inmates on death row.  This leeriness is not, I think, inconsistent with my view that, in order to legislate morally, a Catholic legislator must resist expanding, and must try to reasonable regulate, the Court-created abortion right.