No its not. It's case specific. Its been the same way for years.
Now a judge very well may rule that there is no authority to force apples hands in this but the matter of wether or not a search of the phone is justified has already been determined.
Think about this: if apple wins then the feds will have to develope the technology on their own and when they do they will have a key to evey phone. The authority to use that technology will still be determined by a judge based on case specific circumstances.
If apple loses then they will be forced to do it, lose a public battle and it could create new case law.
I understand what you're saying but if apple loses than the feds will have a key to every phone regardless, this isn't and won't be a singular event.
The comparison isn't having a locksmith open a sealed door that he didn't manufactur, it's asking that locksmith to create a universal key that will open one advanced lock (and in turn every lock made), it's a technology that doesn't exsist.
Multiple parties have offered to hack the phone for the fbi, why haven't/won't they take up this offer? Are they afraid that outside groups will have access to information that is not intended for them.......
Also what is your point as afar as the feelings of the families of the 14 victims? This was a tragic situation and nothing will bring those people back, nothing found on the phone will give the people closure. We have murders everyday in America, EVERY SINGLE DAY, with families as victims. No justice will be given for opening these phones.
Ultimately it will be determined in the courts, apple should have enough money to hire a defense team go prove the subpoena's are illegal.
The government isn't supposed to be above the law.