[Torie]

My point is what "Catholics" believe as citizens. Catholics on most issues in the public square have beliefs per the pollls which are largely indistinguishable from Americans in general. The Catholic label in short has very little predictive value as to beliefs on public policy issues. Many Catholics are ready to defy the Catholic hierarchy at the drop of a hat, and which ones do, varies by issue. In my view, Catholics act from individual conscience, based on their own experience, which is so much larger than what they get from their faith, just like most Americans.

[Hieronymus]

This particular instance isn't one of defying the hierarchy, though many members of the hierarchy might wish the death penalty to be declared immoral, they can't actually change the teaching.

There are Catholics out there who study and largely grasp the whole of the intellectual tradition of the Church--these would be distinguishable from Americans in general, but they are so diluted by those who are not well formed as to be statistically negligible in most instances--SCOTUS excepted. Scalia and Thomas definitely fall into this category (grasping and participating in the tradition). Hopefully Roberts and Alito are also so formed.