This is a flaw in SCOTUS procedure, methinks. A decision reached because one of the litigants failed to show up shouldn't become precedent (except maybe for how to deal with litigants when they don't show up).
Just think if the Toon were president during Miller. Knowing the only party to show up will win by default and the decision will become the law of the land, he would just have had Miller wiped out. Come to think of it, this WAS during FDR's reign...
My understanding, which could be wrong, is that this would not be allowed to happen today. An attorney would be appointed, from the Supreme Court Bar, to argue the case on behalf of the absent party.
Just think if the Toon were president during Miller. Knowing the only party to show up will win by default and the decision will become the law of the land, he would just have had Miller wiped out. Come to think of it, this WAS during FDR's reign...
Miller was still alive, when the case was argued. Argueably he probalby did not want to be found, after having been released following the trial courts dismall of the charges on second amendment grounds.