Courts can interpret laws if the interpretation is the problem. If there is just a stupid loophole, then either the law itself makes no sense (as seems to apply to this Jones Act) or it needs to be reworded to align with its intent.

This reminds me of all the california electricity deregulation games where Enron et al moved power out of state and back, or had plants go down strategically for maintenance in order to gain the system. The correct solution is not to say "play nice, you know what we meant". It's to have a consistent and enforceable set of rules that dont admit gaming.

Tax is one of the few areas of law where activities can be declared illegal and subject to punitive sanction after the fact. For example, the fictive loss tax shelter scheme that was popular 15 years ago. Fictive losses were technically legal at the time the scheme began (in the sense that they were legal within the letter of the law but violated the intent of the law), and weren't explicitly stated to be illegal until years later (https://en.wikipedia.org/wiki/Jenkens_%26_Gilchrist).