[Jubal Harshaw]

Can someone explain how that was not successfully argued by the pro 2nd side.

It's my understanding that the "pro 2nd side" in this case, i.e. Mr. Miller, i.e. the plaintiff, was dead by the time this case got to the SCOTUS. Therefore, there was no one to argue the point.

[ansel12]

"It's my understanding that the "pro 2nd side" in this case, i.e. Mr. Miller, i.e. the plaintiff, was dead by the time this case got to the SCOTUS. Therefore, there was no one to argue the point."



So there was something unusual, thanks.

[El Gato]

It's my understanding that the "pro 2nd side" in this case, i.e. Mr. Miller, i.e. the plaintiff

Miller was not the "plaintiff", the government had appealed the case to the Supreme Court. The government was the plaintiff. But you are correct in that only the government was represented in the Supreme Court proceedings.