Despite the efforts of parents, educators, and activists to oppose standardized testing through the act of opting out, most states and federal law still require students to take annual standardized tests. While key arguments of the opt-out movement in a state legislative process are explored, this case study focuses on those legislators who supported standardized testing by opposing opt-out legislation. Drawing from the legislators' own rhetoric in questioning and defending their opt-out positions, the case explores the manifestation of "New Right" hegemonic discourse and policy subjectivity in an understudied policy formation arena, the state legislature, with implications for further activism.