>"Hand-wavey" is not a term that ever comes to mind reading Scalia's opinions (except when talking about drugs or gays). I'd say his opinions become "tortured"

>"Hand-wavey" is not a term that ever comes to mind reading Scalia's opinions (except when talking about drugs or gays). I'd say his opinions become "tortured" when he is forced to address issues that he and the US constitution are at odds over. He practically refuses to admit the 14th Amd even exists. Have you read his views on the 9th Amd? He thinks it only protects the right of the states to recognize some sort of second-class "lesser" rights. His opinions may be thoroughly reasoned, but by god they're certainly not always rational.