Possible, yes. If Biden gets in, Calabria will then actually be in charge until SCOTUS renders a decision, probably in late spring 2021.
That would present the following alternatives, IMO.
1)Settlement between Treasury and plaintiffs before power is turned over to new administration
2) Calabria finds a way to release GSE's with consent decree in advance of SCOTUS ruling
2) SCOTUS rules for plaintiffs and Biden administration would have to allow or challenge
3) SCOTUS rules against plaintiffs, leaving Biden administration in lurch with Calabria remaining in charge