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Catching up

Catching up

Hello friends:

Long time since I've posted here at Heidi Says. Have no fear, it isn't because I've stopped saying things. I'm super busy speaking at Land of Action, the initiative I founded to boost, reinforce, and assist grassroots progressive organizations across New Mexico. Read the Land of Action mission statement to learn more.

As we move into the heart of the general election season, it is imperative that we live a commitment to democracy. That means turning out massive numbers of people to the polls, making sure everybody eligible is able to vote, and doing all we can to keep the elections free and fair. Land of Action (LoA) is leaning heavily into this work. We've got three efforts going.

  • In collaboration with the Rural Indivisible New Mexico coalition and other activists across the state, LoA is sponsoring The Free and Fair Elections NM 2026 Campaign.
  • Land of Action is organizing Election Watching, a statutorily defined election protection role here in New Mexico. We want to make it possible for grassroots progressive organizations and groups across the state to do nonpartisan election oversight, report problems or irregularities to appropriate authorities, and provide voter education and support during the election in proper locations.
  • We are sharing reliable information about the federal government's efforts to interfere in the elections and other election-related matters, some New Mexico specific, many relevant to Americans wherever they live.

I'm pouring energy into this election season partly because I believe massive turnout will benefit progressive candidates up and down the ballot. More importantly, now is the time to make it clear that we reject dictatorship and fascism. The fight against these forces in the United States is not going to be settled this November, but the 2026 elections are a key inflection point. How they go will pave the way for the next big elections battle, in 2028.

In scholarly life, I recently submitted the manuscript of an article that will appear in a William & Mary Law Review symposium issue focused on challenging the firearms industry's immunity for legal liability for its conduct. Without getting too technical, my contribution is about defeating the firearms industry's newest drive to insulate itself: a push to have courts extend direct Second Amendment protection to the manufacture, distribution, marketing and advertising, and sale of firearms. I show why this claim should fail right out of the doctrinal starting gate. Moreover, I show a fundamental flaw at the heart of the Roberts Court's entire approach to ascertaining the legal validity of firearms regulations. When we reform the Supreme Court, it should overrule virtually every Second Amendment case decided by the Roberts Court. These cases are legally unsound, profoundly unethical, and they've brought us a country riddled with gun violence.

When I get angry, disgusted, or sad about Republican Fascism, I always remind myself that we can fight it. This gives me hope, which spurs me to action. Through hard work and collective effort, we can and will roll back the fascism. We can and will refound our country's constitutional democracy. We can and will make it better and more robust than it has have ever been.

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