I spoke with the ACLU this morning and found out that the Federal Government will appeal Judge Hellerstein's ruling that selected Abu Ghraib photos should be released.
The Department of Defense lawyers notified the court yesterday of their intent to appeal to UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT. The ACLU indicated that it would be unusual for a FOIA lawsuit to go beyond the Appeals court so that the final decision should made by a panel of judges to be selected.
They didn't rule out the possibilty that the government would try to stall and file a further appeal with the US Supreme Court should they lose at the Circuit Court Level.
All in all it looks like we will have to wait for another decision.