"The problem with capital punishment is not that it is unconstitutional. If it were, how could dozens of federal and state judges have allowed Texas to execute 450 people over the past 30 years? The real problem with the death penalty is that it is terrible public policy...."
Rethink death penalty - Judge’s ill-timed ruling invites irrationality in public’s views about capital punishment (Adam Gershowitz. Houston Chronicle. March 20, 2010)