Remember that federal lawsuit filed against the state by the Idaho Freedom Foundation challenging the state’s membership in the Smarter Balanced Assessment Consortium, known for the SBAC tests for schoolkids? It was quietly dismissed last month. U.S. District Judge B. Lynn Winmill found that the plaintiffs lacked standing to sue.

Brent Regan, IFF board chairman, was the lead plaintiff in the 2015 lawsuit, which targeted Gov. Butch Otter, state schools Superintendent Sherri Ybarra and state Board of Education President Don Soltman, and charged that SBAC was “an illegal interstate compact not authorized by the U.S. Congress.” Attorneys for the plaintiffs were Bryan Smith of Idaho Falls, a former unsuccessful congressional candidate; and Christ Troupis, a former unsuccessful candidate for Idaho Attorney General. They sought to make an argument that Idaho’s core standards for student learning and the tests tied to them were illegal.

Winmill dismissed the case without prejudice, giving the plaintiffs an opportunity to amend and re-file their complaint within 30 days to address the standing issue, but they didn’t do so; that deadline passed May 11. You can read Winmill’s order here.