This is why the US Congress ordered the Federal Court for a de novo hearing, so they can look at everything fresh -- but the judges defied the law brought by Congress.
ABSOLUTELY!! Unfortunately, the first brief filed in federal court after the Act was passed was VERY poorly written, claiming that due process was denied for very obtuse or small reasons. Based on the brief, the court said "they would not prevail in proving any of these off-the-wall claims" (my words, not theirs).
When they re-appealed, they did address the purpose of the Act that Congress had passed, and put forth a pretty strong case. Whether the courts were already biased by the previous round of appeals or whether they were just stubborn that no Congress would tell them what to do is a question left to better-placed informants!