Maybe the question we need to be asking is what gives a government bureaucracy or a federal judge the right to determine whether our industry has the right to exist. Why is their definition of "public interest" more important than our survival?
Unfortunately, this case could go to 1000 judges who would probably all say the same thing. This is not a battle which can be won in court--it has to be won in the court of public opinion which can lead to changes to the legislation behind the Fed Rule. But at least now, we know where we stand with the judge.