Thanks for posting this, Glenn. I missed it this morning: funny how it didn't make it into the little email digest the Times sends out...
Aside from the really-small-splash aspect, and the point about Justice Scalia's, position being less "originalist" than he'd perhaps like to make out, I thought this was the most interesting bit:
"The consensus among most legal scholars is that incorporation of the Second Amendment is likely."
News to me, anyway.
Have you emailed Mr. Winkler yet to ask for a copy of his paper? Sounds like a fun read...
Formerly known as Vanya.