That would be awesome, and I see your logic, but I'm still very doubtful. The lawsuit was successful because Tesla was treated differently from other manufacturers. But in this case other manufacturers did not have their cars added either, so there is no discrimination there.
Part of the wind down rules said only cars on the list are eligible, and that is applied uniformly. You do however have a good point about those who went AWD because they thought the rebate was gone for RWD...
That's exactly my situation. I ordered before the election, but figured I would not get the RWD before the rebates were cancelled so I spent the extra ~5k for AWD. If I could go back and get RWD + rebate, would I? 100%.... But I think that ship has sailed.