Civil Liber(al)tarians?

So we just found out that the Department of Justice was spying on reporters at the Associated Press.  Somewhere Richard Nixon looks upon Barack Obama and probably laughs.
We all know what this story would be like if this had taken place during George W. Bush’s administration.  The mainstream media would be convulsing with fury demanding hearing, inquests, firings and resignations all the way up to the President himself.  You’d hear “What did he know and when did he know it” until you wanted to kill yourself.
Not only that, one of the many joys of living through the last Bush administration was the unceasing braying (sometimes justified, most of the time annoying) about the abridgment of freedoms from civil libertarians.  In particular the American Civil Liberties Union was popping up wherever they could to talk about the police state Bush was creating.  We heard about the horrible Patriot Act day in and day out (granted that legislation should not have been made permanent by Congress).
Why do I bring this up?  Because you would think that the ACLU would be all over a scandal like this.  Not only was a government agency spying on Americans, they were also spying on journalists?  Surely there would be someone going on TV or a statement on their website condemning this invasion of privacy and attack on the first amendment?!
Well I can’t state with certainty that no ACLU person or representative has gone on TV to condemn this but I just looked at the ACLU’s website and there is nothing.  Nada.  Zero.  Just for giggles I went on the Daily Kos’ website and found this.
Now I won’t paint all civil libertarians with this brush because there are many that are as outraged about this scandal as they were about the Patriot Act or anything else the Bush administration did. But one thing this scandal is showing is that most civil libertarians are plain old opportunistic left-wingers.

Establishment Problems

One thing that’s always annoyed me is how often militant atheists get victory via the Establishment Clause of the first amendment.  These days anything connected to religion in the public square draws lawsuits and stern words from the ACLU, Americans United for the Separation of Church State, the Freedom From Religion Foundation and other anti-religious groups that make me want to vomit.
More and more I see an increased intensity in attacks on religion institutions (especially Christian ones) by militant atheists.  On social media and the internet, more often I see them mock belief in God.  Quite often it relates to social issues like gay marriage.  In fact, militant atheists show an almost religious fervor.  And then it hit me.  Militant atheism is very much a religion.
Its adherents believe that is there no God; but more than that, they believe that people who believe in God are stupid, backward or racist/sexist/homophobic etc.  They’ve used the court system with the help of a very left-wing bench to take America away from its Judeo-Christian roots.
I am coming to this question that I can’t answer and I hope someone can.  Is there any way to change the law so that atheism will be recognized as a religion?  Because I doubt we will ever get those on the federal bench to change their minds on what an establishment of religion means, no matter what the dictionary saysestablishment means.  But if, as a matter of law, Atheism was treated as a religion, then any ruling that took religion out of the public square would be an establishment of Atheism would it not?  Curious as to the thoughts of everyone on that.
That’s what’s been rattling around in my head and now it’s out.