Its not that Justice Scalia "failed to recognize" the right outside the home, but that the right outside the home wasn't even the issue in front of the Court at this time. For him to go beyond what was at issue in this particular case would have been the same kind of judicial activism which we decry from the other side.
In the decision of the Court the issues which were squarely in front of the Court, as part of the case at hand, it was a solid, convincing win. On other issues which were not part of Heller at all, Jutice Scalia's language is quite encouraging as to future rulings on those issues which Heller did not, and rightly, could not broach at this time...
the infowarrior
I disagree. He went to great lengths to accurately define the 2nd Amendment but when he got to the “shall not be infringed” part, he failed utterly by basically declaring that everything but an outright ban does not constitute infringement.