A Texas judge has allowed a defense team in a capital murder case to argue that the death penalty is unconstitutional. Personally, I firmly believe that the death penalty will eventually be outlawed in the US (at least in peacetime). The fact that a judge in Texas, the most bloodthirsty state in the Union when it comes to executions, would allow such an argument to be made is noteworthy - even if it's highly unlikely to result in any serious challenge to capital punishment in the short term. The argument itself appears to be focused on the sloppy nature of the system - people can be wrongfully executed. Whether a convicted killer must be killed or not is far less important in my mind than whether our judicial system is reliable and fair.