You are so right. Let's actually read the damn decision first.
Decision, by US District Judge Lee R. West, was granting a motion for summary judgment by palintiffs US Security, et al. (Not a TRO as I guessed). Judge held that Congress had granted authority to establish the do not call list to the FCC, not the FTC, therefore the FTC could not establish and maintain the list. The FTC argued that a later resolution of Congress recognized that the FTC was in fact taking charge. The Court disagreed. First Amendment agrument noted, but not dispositive.
Sounds like it may be up to the FCC now (assuming the court is not overturned).