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An en banc panel of the Ninth Circuit recently expunged the right to bear arms from the Constitution, supposedly on the basis of the original meaning of the Second Amendment. This is an example of the increasingly fashionable practice of putting originalist lipstick on the pig of living constitutionalism. Originalists need to avoid being fooled by the cosmetics.
For a brief discussion, see this article at Law & Liberty. For a more detailed examination of the Ninth Circuit case, see this paper.
