Teaching Authority, Scalia, and the Death Penalty

In response to Richard's helpful cite, my initial reaction was the same as his.  I thought Scalia was simply saying that the hierarchy's more recent teachings on the death penalty are noninfallible.  But the more I considered his language, the less likely a reading of Scalia's comments that seemed to be.  He does not say that the teachings are entitled to submission of the mind and will (obsequium religiosum), and the earlier part of his comments do not seem to reflect such a submission.  Instead, he says that the hierarchy's statements on the death penalty are entitled to "thoughtful and respectful consideration."  This strikes me as substantially less deferential.  And it made me think that he was suggesting that the hierarchy's teachings on the death penalty reflect merely prudential judgments.  Do you agree with that reading of his comments?  If so, do you think such a claim is plausible as an interpretation of Evangelium Vitae or the Catechism's discussions of the death penalty?