This just goes to show that no one ..and I mean NO ONE..knows how a ruling would come down from SCOTUS on this issue...despite FREEPERS who claim to know exactly what would happen.
Scalia does talk about it in the oral arguments of Nguyen.
After the Obamacare mandate ruling, it's as good as a coin toss. No part of the Constitution is meaningful, these days. I'm frankly amazed the Second Amendment got a win.
I have always assumed they would get it wrong. This just reinforces my belief that they would get it wrong. Unless someone has specifically researched this particular sub-topic of constitutional law, they DO NOT KNOW the truth. They are simply relying on left over conventional wisdom and misapplied precedent.