Suppose O’Connor’s decision is reversed and we’re back to the Story interpretation. If Congress were to establish a religion they would have to pick one, even i

Suppose O’Connor’s decision is reversed and we’re back to the Story interpretation. If Congress were to establish a religion they would have to pick one, even if the choices were limited to Christian sects. That would violate the Establishment clause. If Congress decides that atheism isn’t protected and tries to “prohibit the free exercise” of a non-religion that has no exercises (rituals, gatherings, holy books), what would they prohibit? Congress can’t force people to choose a religion because that would run into problems with other provisions of the First Amendment. In practical terms the notions of freedom of thought and speech and worship are so ingrained in American culture any proposal to persecute atheists would get nowhere, and would prove impossible to enforce.