Washington ? Congress is set to allow the Pentagon to keep new pictures of foreign detainees abused by their U.S. captors from the public, a move intended to end a legal fight over the photographs’ release that has reached the Supreme Court.

Federal courts have so far rejected the government’s arguments against the release of 21 color photographs showing prisoners in Afghanistan and Iraq being abused by Americans.

The Obama administration believes giving the imminent grant of authority over the release of such pictures to the defense secretary would short-circuit a lawsuit filed by the American Civil Liberties Union under the Freedom of Information Act.

The White House is asking the justices to put off consideration of the case until after a vote on the measure in the House and Senate, as early as this coming week.

The provision is part of a larger homeland security spending bill and would allow the defense secretary to withhold photographs relating to detainees by certifying their release would endanger soldiers or other government workers.

The ACLU said the court should not disturb a ruling by the federal appeals court in New York ordering the photographs’ release.

The dispute is on a list of cases the Supreme Court could act on Tuesday.