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The broader context that the legal opinion was talking about is the Constitution. Equal protection of law. The fact is only the FAA can mandate anything, by issuing an AD for example. And Cessna can't make an aircraft owner do anything, because it doesn't have the authority to. So, it doesn't matter if you are reading part 91 or 43, the term "current inspection" means the same thing for all of part 91 and therefore part 43 (not just a single meaning only for 91.409)..."current at the time of manufacture"...words have meaning under the law. In fact, definitions are so important in law there's an entire dictionary just for it: see Black's Law dictionary.
That's why I mentioned this is a catch 22 for an IA. Damned if you don't...with a widow suing you. And damned if you do, if the airplane is using the original inspection/maintenance program, and as an IA you create your own rule for what new inspection program you decide to use.
It is far better for Cessna to make an AD out of this, so the public (that means us) have time to comment on it. And the FAA can either tell Cessna they are wrong, or tell us we are in immediate danger without the inspections.
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