Fins... a little common sense goes a long way here.
Winds are out of limits. Crew asks for different runway. Controller says unable. Crew has the option of a) going to a different airport, if they have the fuel for it, or b) declare an emergency in order to exercise PIC authority to get a runway that is within wind limits. In this case, it appears they did not have the fuel to go to a different airport (EWR, the closest for a transcon 767 also has 22 which would have been out of limits, anything else is further.) So, they had to declare an emergency. Where, exactly, do you fail to see their shortcoming? I think they did exactly what they should have done. Don't let ATC intimidate you or run your cockpit. They work for US. And if you run off a runway that was out of wind limits, career-wise you are going to be neck-deep in a river of $hit and here comes a wave.