It’s Super Tuesday!  A huge chunk of Democratic delegates are on the line today as the following 14 states and 1 territory go to the polls to pick a nominee:

  • Alabama
  • American Samoa
  • Arkansas
  • California
  • Colorado
  • Maine
  • Massachusetts
  • Minnesota
  • North Carolina
  • Oklahoma
  • Tennessee
  • Texas
  • Utah
  • Vermont
  • Virginia

As you might have heard, Senator Amy Klobuchar suspended her campaign yesterday and joined Pete Buttigieg in Texas to support Joe Biden.  So it’s down to Biden, Sanders, Bloomberg and Warren.  But with moderates Buttigieg, Klobuchar, and Steyer newly out of the race, it seems the ultimate contest will be between Biden and Sanders.  Does Sanders have the depth of support to beat Trump or would he fail  to attract moderates as well as black and Hispanic voters in a general election?  Would Biden be able to win without some of the Sanders supporters?  We have to ask ourselves, who will be more likely to prevail against Trump?  The policy issues are secondary, especially because Sanders won’t be able to enact his agenda unless both houses of Congress are on board, which is highly unlikely.  Likewise, Biden will be under intense pressure to move toward more progressive positions that will be difficult to achieve without both houses.  One thing is certain: Nothing will improve if Trump remains in office.

On a different note, news broke over the weekend of an appeals court decision to throw out the suit by Congress to compel former White House Counsel Donald McGahn to testify.  On it’s face, the court decision was a blow to our system of checks and balances, and seemed to give the Executive Branch unlimited authority to flout the law and ignore subpoenas from Congress.  HOWEVER, there is more to this decision than meets the eye.  Cornell Law Professor Josh Chafetz wrote an excellent analysis  of the decision in the Washington Post and it’s worth reading and considering:

https://www.washingtonpost.com/outlook/2020/03/02/congress-cant-rely-courts-enforce-its-subpoenas-dont-panic/

Chafetz’ analysis is surprisingly optimistic, and the examples he gives seem to support his point.  Congress can compel testimony by arresting and fining people if they have the spine to actually do it.  Thus far, they haven’t.  And if the courts refuse to interfere in the McGahn case, they should also refuse to interfere in the case of Trump’s taxes–where an accounting firm is appealing a decision forcing them to turn the taxes over to Congress.  Perhaps this latest appellate ruling is not worthy of despair after all.

Keep resisting Trump and keep working to “vote his ass out of office.”

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