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It doesn't have to be a bible, it could be a Christian tee shirt or a Christian book cover. Any mention or reference to religion is viewed as a breach of that mythical wall. That's exactly what is happening in the Maryland school system. Those school administraters know the "mood" of the judiciary in respect to religion.

This is exactly the problem. The climate is exactly the opposite of what common sense says it should be.

Now as far as the second part of your post: A)Does the atheist have a lawsuit because he was exposed to a bible on school property? Yes, he does because anyone can bring a lawsuuit at any time if he feels that he was in some way injured.

We know this. Thats not the gist of the post and I am confident you know that :)

But (and this is a big BUT), the freedoms that we enjoy in the First Amendment supercede any litigation that would hamper those freedoms.

And yet I can see a time where that is no longer the case. A time not so far from now.

...exactly the opposite of what common sense says it should be.

That's true, but we're not talking about common sense unfortunately, we're talking about activist jurists who are not held accountable for their actions, and make up law as they go.

It seems that we now have a "legal caste" made up of judges and lawyers who study case law outside of its relationship to constitutional law.

And yet I can see a time where that is no longer the case.

I hope so, but I'm doubtful. Once law is made it's difficult, but not impossible, to change. Also, the emphasis now on who is to be selected for the Supreme Court takes away the true cause for our rogue judiciary - the Congress.

Bush may appoint conservative judges, but there's no guarantee they will remain conservative without a watchful Congress.

Like you I'm hopeful for the future, but guarded in the present.