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.