The following paper provides a case study of the resistance of the New York Performance Standards Consortium to the state’s unitary high stakes testing policy from 1998 to 2006. After detailing the history of the grass roots actions undertaken by the group of alternative high schools called ‘The Consortium’, the analysis seeks to apply sociological and philosophical theory of, among others, John Rawls and Charles Willie to explain: (1) the success of the subdominant people of power in fighting the implementation of the battery of high stakes graduation tests; and (2) the failures of the dominant state authority to uniformly enforce its policy, with particular regard to the decisions of New York’s Commissioner of Education. Implications of the case are then discussed to place this little known educational struggle in a broader social, political and historical context.