The legislature is the appropriate place to address thort of problem, and micro-fixes for corner cases like these pass through legislatures all the time, usually without signficant opposition because they are pragmatic rather than ideological problems. The judge is not in a position to write new laws, all he can do is invalidate some part of the existing law, which would throw the baby out with the bathwater.
I'm betting you're the kind of person that gets really annoyed about 'activist judges' when a judge does act in a way that you disagree with.
I'm betting you're the kind of person that gets really annoyed about 'activist judges' when a judge does act in a way that you disagree with.