Can this ruling be appealed to the USSC?
All rulings can be appealed to the USSC. ;^)
Yes. But the administration would do better to appeal to the Federal Appeals Court in Washington. That will tie this up for several more months. If the Appeals Court kicks this opinion to the curb, then the ACLU will have to take it to the Supremes, which means there will be no decision until at least the summer of 2007.
"Can this ruling be appealed "
Not at all certain. This is what is called an interlocutory order in a discovery dispute. Normally they are not appealable. There are exceptions. The next fight will be not over whether the judge was right or wrong but over whether the order itself is appealable.