You're not getting legal machine guns in the era where any of these judges are alive. Civil rights take decades to hammer out.
Look at how the blacks were treated post Civil War up through. . . . 1970 or so. Hell, Boston still had a bussing issue in 1975. It takes a LONG time to change minds.
I just talked with a gun buddy a couple of days ago. "They should expand background checks." I pulled up hard like my horse was headed for a cliff. "Look, I'm not sure I should be able ot own guns. So I think it's OK for them to ban certain people from owning them and I might be one of them." Note - he has NOT given away or sold all of his guns. So. . . . . it's really "those people" argument. Which he tossed out next. "Imagine if anyone in Brockton could walk into a hardware store and buy a gun. It would be mayhem."
He's wrong. 2A has those pesky Shall not be's in it.
Same with the judiciary. As far as anyone is concerned, 1934 (38? 36? Whatever) is sacrosanct. Until a set of judges a few decades from now comes in and say, "wait a second. This is an infringement on 2A rights!"
Remember - in the 1800's, the freedom of speech was often restricted. Hell, Lincoln suspended Habeas Corpus. And in the 1920's, THE NINETEEN TWENTIES, it was legal to not allow Indians to control their own money because "they aren't responsible enough." Federal courts ruled that. Could you imagine that today?????? No. Rights improve over time. Same with 2A. It is only going to get better. But not overnight.