So what the dissenters are doing is here applying Abraham Lincoln's maxim on bad laws - "The best way to get a bad law repealed is to enforce it strictly." That's a tough one. Is there really any hope that the enforcement of this bad law will result in some sort of beneficial change? If not, in the meantime, someone is being horribly damaged by strict application of this law.
Odd to see Thomas and Scalia on the same side as Kagan, and of course, who can predict Kennedy?
It's not easy being a judge with a conscience. Do you do your job and apply the law when it is plainly written even if the law is unjust or do you pretend the law doesn't say what is says so that you can do justice?