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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.
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It is. The exact wording was:
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In the absence of any evidence tending to show that possession or use of a "shotgun having a barrel of less than eighteen inches in length" at this time has some reasonable relationship to the preservation or efficiency of a well regulated militia, we cannot say that the Second Amendment guarantees the right to keep and bear such an instrument. Certainly it is not within judicial notice that this weapon is any part of the ordinary military equipment, or that its use could contribute to the common defense.
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Solid, legal thinking, but very poor ethics.
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There were a lot of things wrong with
Miller, not the least of which was the well-known apathy and sloppiness of Justice McReynolds. Had another Justice have been drafted to write the opinion, history might have been very different for us.