A few weeks ago, when I posted about the death penalty, a friend sent me this article. The author draws a parallel between the death penalty and abortion, and concludes that if a politician can be denied communion for supporting abortion, shouldn't the same apply to politicians (or Supreme Court justices) who uphold the death penalty?
The short answer is no. In brief, the Church teaches that some actions are always wrong: intrinsically evil. These actions cannot ever be morally justified. Period. Other actions are made wrong because of surrounding circumstances, either internal or external to the actor.
Example: Adultery is always wrong. Period. Marital sexual relations can be wrong (think of spousal rape), but are not so by nature.
According to the Church, abortion is always wrong. Period. Therefore, supporting it in a public and effective way separates you from the Church; a politician who does so excommunicates him/herself. Because a state has the duty to protect its citizens, sometimes the death penalty is permissible. (The Church's position against it comes from modern circumstances, which render it unnecessary.) Thus a politician is not supporting an intrinsic evil, but rather going against the prudential judgement of the Church. And therefore not excommunicating him/herself.
The US bishops released a statement to this effect during the 2004 campaign, according to my Christian Moral Principles professor. If I can track down the document, I'll share.
It always surprises me how few people understand that nuance about the Church's position on the death penalty.
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