The problem is that the legislature hasn't done its job. It isn't the job of the judiciary to monkey-patch the law to get a desired outcome. They should be interpreting the law as written and any negative consequences should be addressed by legislation.
What good is the legislation when it get cuts to ribbons in the courts? Look at what happened to the ACA and the individual mandate. Even modest progressive legislation can barely survive the current court, so I'm not sure your proposed solution works.
"interpreting the law as written" is a farce. The court is a minoritarian conservative bulwark that can rule however it wants with no accountability. The law is what they want it to be. Always has been.
The standard positions seem to be:
* the right is more in favor of originalism
* the left is more in favor of the living constitution view