I am not saying I like the way this came out, but I feel that Whitmore ruled the only way he could have ruled, based on the law, the only thing on which he could based his ruling.
In the 1950's, the federal and state processes and systems failed to protect the rights of blacks under the 14th Amendment. Two entities stepped in with drastic action. One was the USSCt, which produced the Brown v. Board of Education decision. Despite its praiseworthy result, most of the legal scholars I trust see this decision as the real beginning of the judicial coup. The second drastic action was of course the National Guard forcing the schoolhouse doors in Mississipi. I think we both want the same result here, but you have much more faith in the system and processes than I do right now. As such, I am willing to support more radical action by either the executive or (highly unlikely) the high Court in this case.