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VAM is an education policy phenomenon that has been vigorously debated in the media, in public discourse, in policy committees, within academia, and now in the courts. Beginning in 2011, a series of wrongful termination suits were heard by courts in states from Texas to Illinois, and New York to New Mexico. In this study we conduct a Critical Discourse Analysis (Fairclough, 1992) of transcripts from the expert testimonies examined/cross-examined for both the prosecution and defense in a recent wrongful termination case in New Mexico. The purpose of this study is to examine the ways in which court-authorized VAM experts discursively constituted VAMs, VAM-use, and VAM expertise as situated within a larger debate around the topic.