Waste of time maybe, but I don't see a setback in the case being lost, per se.
I see Heller as a setback, compared with Miller. Scalia gave these courts the tools to use against the RKBA, and SCOTUS will st by idly while the lower courts do their anti-RKBA thing.
I can see the constitutional RKBA being defined into some narrow pigeonhole that is worth very little, and takes much effort to obtain. AFAIK, SCOTUS has no objection to the $700 hoops that DC residents have to comply with to legally possess a handgun (approved models only) in their own home.
You said this:
It would be absurd to read the Miller case for what it says.
That scares the hell out of all FedGov people in power. And for the most part, SCOTUS does not check FedGov overreach because they ARE the FedGov too. So liberty seems to be in checkmate at this point in many respects.
Thanks again for your insight.