Judges I've known and know, as a body, do not like doing so. What happens is, with particularly contentious issues (read: no voter consensus) legislatures enact a law which is nebulous. Being cloudy it will be challenged in court by citizens seeking clarity. This forces the issue into the courts where the decisions become, in fact, the law. The legislators tell the voters they tried and get a "free pass" as everyone disliking the court decision blames the judge. It's a method of escaping responsibility and putting the onus on the court.