It's not exactly the situation as I understand it. Apple, with their current software, do not have a way to access this phone. They'd have to build a special neutered version, update the phone with it, then allow access.

That they can do this since they control updates doesn't mean that they have already done it for their own purposes or wish to do it, or should be compelled to build a back door for the government.

That they can do it means they have a backdoor. It doesn't matter if it takes a day to write the code and flash a build to use it — that it is significantly easier for them to access data on the device than it is for anybody else means they have a backdoor.