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I can see why the states are concerned, but one ruling from one Federal judge is not that big a deal.

I am on my state's do not call list. We previously had an unlisted number and had only a minimum of sales calls. If the do not call list gets thrown out, I'm outta the phone book again.

It really is annoying to rearrange one's lifestyle to accomodate or avoid these parasites, and the judges they pay for.

Even after Bush signs the legislation, the FTC must win in court for the list to move forward.

What we are witnessing here is the diminution of the checks and balances that is at the core of our government.

That the Executive branch, after signing legislation from the Congress, should have to wait for the approval of the unelected Judiciary is an abuse of power that the Founding Fathers hadn't anticipated.

The unelected Judiciary, in its arrogance, has set itself above the other two elected branches of government and declared itself the final minister of American law. The will of the people be damned.

Notice that the unelected Judiciary itself is free from oversight by the other two elected branches of government. For years the unelected Judiciary has played with American society with impunity, because the Congress has refused to limit the Court's authority.

This telemarketing case shows the result of what happens when one unelected branch of government is allowed free rein over the Constitution to the exclusion of the other elected branches.

It's time the Judiciary was put in its place. Judicial Review is not an instrument for subversion of the people's will. Congress, not the unelected Judiciary, is the voice of the people, and no one in Congress mandated the unelected Judiciary to be the final word on what is law. The Judiciary appointed itself that distinction.

If the uneleced Judiciary claims Judicial Review as its reasoning for its usurpation of power, then it is reasonable to have Legislative review of the unelected Judiciary as well. There's no logical reason for the unelected Judiciary being given a free pass on "active" oversight especially since the unelected Federal Judiciary is under the Constitutional thumb of Congress. That's what the Judiciary Committees in Congress are set up for.

If telemarketers have the constitutional right to invade my privacy, why do the tobacco companies NOT have the right to advertise their products over media outlets that I can choose not to watch. After all, advertising is speech, and limiting advertising limits the first amendment right to free speech..