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Additionally remember that neither Miller nor counsel appeared and was able to argue the short barreled shotgun was used in the military.
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Can't say if its true, but I have heard the High Court used the phrase "since no evidence has been presented to this court"...(or something similar) to justify their decision in
Miller.
In effect, they didn't say short barrel shotguns had no militia use (and therefore not protected by 2nd Amendment arguments), what whey said was "we haven't been shown any evidence" and so let the 1934 NFA stand.
Solid, legal thinking, but very poor ethics. IMHO.