the typical path this will follow is will go to the Appeals level and might work its way to the Supreme Court if enough of a push is made. Likely the government will push it up with the idea they can make it happen. Another angle they are going to follow is pushing Congress to legislate the requirement.

So the real question is when does this happen? Will Congress get involved at the behest of the Justice Department and mandate access? If so, how long before phone companies are required to lock out devices running a version of the software that does not comply?

I still want an erase/panic code for my phone, both through pass phrase and touch sensor. That way I could hand over an unlocked phone that is effectively returned to manufacturer specs.