How does the posting the Ten Commandments violate the first? What religion does it establish, or even favor?
Again, the amendment reads "Congress shall make no law..." The judge isn't even a lawmaker. And if the posting of the Ten Commandments by any government official is tantamount to establishing religion, I'd like to ask which particular religion that would be? After all, the commandments are a pre-Christian artifact. Do they in some way establish Judaism?
This argument is addressed a thousand times in these threads and in the law, including in this case. Do you really believe that only legislatures can violate the Bill of Rights? Do you really believe that those countries that trample the rights we hold dear do so only by enacting laws?