FAA legal is its own FAA. Since the original party was so dumb as to push this up to US District Court the FAA and us must now live with the 2021 output of that court. All previous practice is no longer applicable and everyone gets to work with the new reality. The intent of the regulation may not have been what the lawyers are stating but the words of the regulation say what the lawyers are stating. So everyone, including the other parts of the FAA get to deal with it.

Never ask a lawyer a question unless you already know the answer.

Wes