A 5 to 4 decision FOR THE BANKS on an issue like this would be the final step in the consolidation of the power of finance over the society. A 5 to 4 decision FOR THE MORTGAGE HOLDERS would likely end the current situation, as it would take out, at a minimum, BOA, Citi and WF, along with numerous smaller banks.  With GS and Morgan it would depend on the balance of their CDSs and other derivative positions at the time.

For the SC it would be like the old Jack Benny routine where he is being held up at gunpoint:

Robber: "Your money or your life!"

Benny: "I'm thinking!  I'm thinking!"

As the Dutch said while fighting the Spanish: "It is not necessary to have hope in order to persevere."