Scalia wonders if a conscientious objector who would not serve in the military or the militia has no right under the 2nd Amendment.
Gura responds with a notion that if the Solicitor General's view that if Congress has authority to regulate firearms is correct when the 2nd Amendment says essentially that 'Congress shall make no law' as it does in the first, then Congress could simply pass a bill saying 'No American is in the militia' and the 2nd Amendment is mooted.
Wow! Ginsberg just opened the Miller “reasonableness to use in the militia”.