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On another thread, I posted an analysis of the court's decision (post no. 203 or something like that). That's where the real issue lies -- Congress expressly authorized the FCC, back in 1992, to create a "do not call list," but the FCC did nothing. Congress never expressly authorized the FTC to create a "do not call list," but the FTC began the process of creating a list anyway. Then in 2003, Congress appropriated money to the FTC to facilitate the "do not call list," even though Congress never authorized the FTC to create the list in the first place. The issue is whether Congress, in appropriating the money, implicitly ratified the FTC's action, given the express delegation of authority to the FCC back in 1992. The court said "no." I disagree, but I wouldn't call the judge an idiot. Congress, certainly, but not the judge in this particular case.