Arquibus said:
Your scenario is tragically flawed in several ways.
First of all, if the atheist loses the case, and then fails an appeal, that's it, boom he's screwed, it doesn't go to the supreme court. Second, both the municipal judge, the appellate court judge, and likely several others before it gets to the Supreme Court, would all, despite being randomly chosen for the case, have to be either collectively insane in the same way such that they'd rule in favor of the atheist, or at least hear the appeal and keep things going up the ladder, or they'd all have to be in on the Supreme Court's Conspiracy.
Second, the Supreme Court would have to be a bunch of conspiring weirdos who don't seem to have a grip on their job descriptions, which I find to be unlikely, if not imposable, however any scenario in which we have to assume a massive conspiracy to abuse power toward a hidden agenda on the part of our power-elite is sort of doomed to both improbability and sensationalism to begin with.
Also, I find it implausible that the ACLU would defend the atheist in this case, as, judging by their actual history of activism and involvement, I believe they'd be far more likely to side with the man who was reading the bible. I know that it probably doesn't seem this way if all you listen to is right-wing propaganda, but trust me, the ACLU
really likes the first amendment.
and finally, even if the Supreme Court were to fly in such clear defiance of the first amendment, I do believe that the congress has the power to impeach them.
In other words, the system is still self-righting and as such is not broken.