Responding to the concerns of parents and teachers over the Common Core State Standards and the Federal government’s control of curriculum nationwide, the Thomas More Law Center announced today that it has joined in filing a lawsuit against North Dakota’s governor, state superintendent and other state officials. The lawsuit claims that North Dakota’s participation in the Smarter Balanced Assessment Consortium (“SBAC”) and its implementation of Common Core is unconstitutional and violates several federal laws that prohibit federal control of our public schools and their curriculum.

The Thomas More Law Center, a national public interest law firm based in Ann Arbor, Michigan, teamed-up with attorney D. John Sauer of the St Louis, MO firm, Clark & Sauer, to file the lawsuit. This lawsuit follows Sauer’s success in stopping Missouri’s membership in SBAC on similar grounds. Bismarck, ND Attorney, Arnold Fleck, has agreed to assist in the lawsuit as local counsel.

Plaintiffs in the case, who are all North Dakota residents and state taxpayers, include: Steve Cates, Catherine Cartier, Charles Cartier, and Robert Skarphol, who is also an elected member of the North Dakota House of Representatives.

The Compact Clause of the United States Constitution provides that “[n]o state shall, without the consent of Congress . . . enter into any agreement or compact with another state.” As the Smarter Balanced Consortium is an interstate compact which Congress did not authorize, its existence is a violation of the Constitution. Accordingly, North Dakota’s membership in the Consortium and membership fee payments of over a half million dollars per year, equate to participation in and funding of an illegal entity.