Technically, the defendant is the one going to the Supreme Court. Of course they somewhat forced his hand by putting him in jail. IANAL, but probably he could have abandoned his fifth amendment defense strategy much earlier, which is the only thing currently before the Supreme Court, go back to the original judge and raise the "I forgot the password" defense there. Under the assumption that he could have done that, and again IANAL so I'm sorry if that is wrong, he is the one forcing the issue at the Supreme Court.

Of course the prosecution has nothing to loose here, so why would they do anything (if they could, I don't believe they play any role in this part), and the judge that made the contempt of court ruling that is the basis of all of this is unlikely to just give in and admit he was wrong, and also probably pretty interested to get a final judgment on what he believes is his legal right to do.

And you make it sound like getting the highest courts opinion is a bad thing. Either way, then we know, and I'm glad I'm not the one that has to wait it out in jail.