couple of reasons. Most states' are ignorant towards ballistics (at least the lawmakers making the rules), and your average bubba with a hunting license and gun aint what id call a marksman anyway. I live in Eastern Va and work in a gun shop. Our average white tail tops out to between 175-200lbs, we are NOT hunting big ass Ohio bruisers here. But every year my shop is full of rednecks buying .300WM, 7mm, and 30-06 for deer hunting despite the fact that your average shot for 100 miles of my store is gonna be sub 50 yards. Its why shotguns are so popular among the more experience shooters here (that and dog clubs).
fwiw, .223 DOES require a bit more homework then 'stop by walmart, grab box of ammo' to be effective at hunting. 1-you're gonna need to be more accurate. you arent gonna recover a deer you gut punched or hind quartered with a .223. Hell you probably wont do that with most rounds until you are literally high balling them with something over 160 grains. (might explain the passion for uber cartridges)
2-gonna have to make an effort to actually BUY .223 hunting ammo. too many dudes buying up cheap military grade 5.56 and thinking they are gonna hog hunt with a bog standard FMJ shooting (poorly) at pigs and yotes 100 yards away with a short barrelled AR or MVP predator
but i dont want to turn this into a 'how your average hunter sucks and should stop' debate lol