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But asking that the courts apply the law as it was obviously intended to be used is not legislating from the bench.
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Absent a very clear Congressional intent, usually found by reviewing the debate over a bill from the Congressional Record, there is not room for a court to add exceptions to an otherwise tightly drawn law.
Congress simply failed to think through all the possible repercussions, and then document them in the law in a manner allowing a court to find them.
At least some of the problem with poorly written laws can probably be plased at the feet of the second rate attorneys that usually end up there.
If they were all that good they would be earning so much money they would be foolish to enter politics.