Welcome to the weekend!

What's on tap in political news this week? Read on for this weekend's edition of the top stories in federal politics, and for a full review of the week, plus a look ahead, click the button below and launch the full edition.

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Fourteen states hold Super Tuesday presidential primaries — Biden wins 10, Sanders wins four

• Fourteen states and American Samoa held presidential primary and caucus events on Super Tuesday. The Democrats Abroad global primary also began on March 3 and concludes on March 10.

• President Donald Trump won in all 13 states holding Republican primaries on Super Tuesday.

• Former Vice President Joe Biden was the winner of ten Democratic primaries in Alabama, Arkansas, Maine, Massachusetts, Minnesota, North Carolina, Oklahoma, Tennessee, Texas, and Virginia.

• Sen. Bernie Sanders won four Democratic primaries in California, Colorado, Utah, and Vermont.

• Former New York City Mayor Michael Bloomberg won the Democratic caucus in American Samoa.

• One-third of Democratic pledged delegates—1,344—were at stake on Super Tuesday. Biden won at least 549 of those delegates. Sanders won at least 487.

Breaking down the results of Super Tuesday's congressional primaries in five states

• Five states held statewide primaries on March 3, 2020: Alabama, Arkansas, California, North Carolina, and Texas. In those states, 22 congressional races advanced to primary runoffs. Nine are Democratic primary runoffs, and 13 are Republican primary runoffs.

• Alabama saw the highest percentage of primaries advance to primary runoffs. Of the six primaries on the ballot, four advanced to a primary runoff (67%)—three Republican primary runoffs and one Democratic primary runoff. Texas saw the next-highest percentage, with 17 of the 74 primaries advancing to a primary runoff (23%). North Carolina had one of 15 primaries advance to a primary runoff (7%). In California, the top two finishers advance to the general election regardless of whether one candidate receives a majority in the primary. Arkansas’ congressional primaries were canceled for all four seats after one or fewer Democratic or Republican party candidates filed to run.

• Overall, 149 primaries were held across a combined 117 seats up for election in the five states. California’s 25th Congressional District is up for regular and special election, and is counted twice in both figures. Of the primaries on the ballot, 47 were Republican primaries, 48 were Democratic primaries, and 54 were top-two primaries.

 Here are selected results for races we were watching on Tuesday:

• In the Democratic primary for Senate in North Carolina, Cal Cunningham (D) defeated Erica Smith (D) and three other candidates to win the Democratic nomination to challenge incumbent Thom Tillis (R). Cunningham received 57.0% of the vote to Smith’s 34.8%. The Democratic Senatorial Campaign Committee endorsed Cunningham, who focused his run on expanding Medicaid, lowering prescription drug prices, and combating corruption. Smith focused her run on her record in the state senate, where she said she had bridged the urban-rural divide, and on her platform, which included a healthcare-for-all proposal and a version of the Green New Deal.

• In the Republican primary for Senate in Alabama, Tommy Tuberville (R) and Jeff Sessions (R) were the top two finishers from among the field of seven candidates. Tuberville received 33.4% of the vote to Sessions’ 31.6%. The only other candidate to receive more than 10% of the vote was Bradley Byrne (R) with 24.9%. Since no candidate received a majority of the vote, Tuberville and Sessions will advance to a runoff on March 31. The winner will challenge incumbent Doug Jones (D).

• In the Democratic primary for Texas’ 28th Congressional District, incumbent Henry Cuellar (D) defeated challenger Jessica Cisneros (D) 51.8% to 48.2%. Cuellar, who was first elected to represent the Laredo-area district in 2004, described himself as a moderate-centrist Democrat and said that his voting record aligned with his district’s priorities. Reps. Nancy Pelosi (D-Calif.) and Cheri Bustos (D-Ill.) endorsed him. Cisneros described herself as a progressive and said she supported policies including the Green New Deal, Medicare-for-All, and a $15 minimum wage. Her backers included Justice Democrats and Rep. Alexandria Ocasio-Cortez (D-N.Y.).

• As of 6:30 p.m. Eastern Time on March 5, the top-two primary in California’s 50th Congressional District remained too close to call. Ammar Campa-Najjar (D) led with 34.4% of the vote, followed by Darrell Issa (R) with 24.9% and Carl DeMaio (R) with 21.0%. Issa and DeMaio had released a series of negative ads targeting one another in the lead-up to the primary, with both saying the other supported amnesty for immigrants residing in the country without legal permission and opposed President Trump. The top two finishers will advance to the November general election.

• In the Republican primary for Texas’ 12th Congressional District, incumbent Kay Granger (R) defeated challenger Chris Putnam (R) 57.9% to 42.1%. Granger, who was first elected in 1996,  said she would advance President Trump’s agenda on the military and border security. Her endorsers included President Trump, the Congressional Leadership Fund, and the Susan B. Anthony List. Putnam said that Granger was a career politician who had backed President Obama’s (D) immigration policies and had an inconsistent stance on abortion. His backers included the Club for Growth.

What happens to Democratic delegates allocated to withdrawn candidates?

• The following Democratic presidential candidates ended their campaigns this week:

  • Tom Steyer on Feb. 29, 

  • Pete Buttigieg on March 1, 

  • Amy Klobuchar on March 2,

  • Michael Bloomberg on March 4,

  • Elizabeth Warren on March 5.

• Seven Democratic presidential candidates have been allocated at least one pledged delegate each. Four of them have withdrawn from the race: Bloomberg, Buttigieg, Klobuchar, and Warren. What will happen to their delegates?

• The Delegate Selection Rules for the 2020 Democratic National Convention include two provisions dealing with the binding of delegates to the candidates they supported at the time of their selection.

  • "No delegate at any level of the delegate selection process shall be mandated by law or Party rule to vote contrary to that person’s presidential choice as expressed at the time the delegate is elected."—Rule 13.I (p. 14)

  • "Delegates elected to the national convention pledged to a presidential candidate shall in all good conscience reflect the sentiments of those who elected them."—Rule 13.J (p. 14)

• Beyond this, the Delegate Selection Rules do not directly address how a candidate's withdrawal from the race before the convention affects the delegates pledged to that candidate. 

• In some states, however, statutes establish provisions releasing delegates upon a candidate's withdrawal, at the candidate's direction, or after a specific number of ballots have been taken at the national convention.

  • For example, Tennessee state law says that delegates to national nominating conventions are bound by the results of the presidential preference primary for the first two ballots taken at the convention. From the third ballot onward, delegates remain bound to their candidates so long as they maintain at least 20 percent of the total convention vote. Tennessee law also allows candidates to release their delegates, thereby freeing them to vote for other candidates.

• Eleven states allow for the release of pledged delegates either upon a candidate's withdrawal or at the candidate's direction: Arizona, Connecticut, Georgia, Kentucky, Massachusetts, Michigan, Nebraska, New Mexico, Oklahoma, Oregon, and Tennessee. 

• Nine states allow for the release of pledged delegates after a specific number of ballots have been taken at the convention: Arizona, Indiana, Kentucky, Massachusetts, Michigan, Nebraska, New Mexico, Oregon, and Tennessee. 

• Altogether, 12 states have at least one of these provisions in place. Indiana has no candidate-withdrawal statute. Connecticut, Georgia, and Oklahoma do not have multiple-ballot release statutes. The remaining states have both in place: Arizona, Kentucky, Massachusetts, Michigan, Nebraska, New Mexico, Oregon, and Tennessee.

Biden wins South Carolina Democratic primary

• Former Vice President Joe Biden won the South Carolina Democratic presidential primary. Biden received 48.4% of the vote and won the popular vote in all 46 counties in the state. He was allocated 39 of the state’s 54 pledged delegates.

• Sen. Bernie Sanders, the second-place finisher with 19.9% of the vote, received 15 pledged delegates. 

• The South Carolina Republican Party voted on September 7, 2019, to cancel its presidential primary.

Six states to hold presidential primaries March 10 

• Six states are holding presidential primaries or caucuses:

  • Idaho

  • Michigan

  • Mississippi

  • Missouri

  • North Dakota

  • Washington

• The Democrats Abroad are also concluding their global primary, which began on March 3.

• In the Democratic primary, 365 pledged delegates are at stake. This is 9.2% of all pledged delegates.

• In the 2016 Democratic primary, Sen. Bernie Sanders won four of these states: Idaho, Michigan, North Dakota, and Washington. Former Secretary of State Hillary Clinton won Mississippi and Missouri.

  • One of Mississippi's U.S. Senate seats and all four of the state's U.S. House seats are up for election this year, and the congressional primary is scheduled for March 10, 2020. All five races include the incumbent running for re-election, and four of the races feature a contested primary between one or both major parties. If no candidate receives more than 50% of the vote in a given race, a primary runoff will be held between the top two vote recipients on March 31. The general election is on November 3, 2020.

    • Three Democrats—Tobey Bartee, Jensen Bohren, and Mike Espy—are competing for the party's nomination in the U.S. Senate race. Sen. Cindy Hyde-Smith is running unopposed for re-election in the Republican primary. 

    • In District 1, only one candidate filed in each major-party primary. Antonia Eliason is running unopposed in the Democratic primary, and Rep. Trent Kelly is running unopposed for re-election in the Republican primary. 

    • In District 2, Rep. Bennie Thompson is facing challenger Sonia Rathburn in the Democratic primary. Three Republicans—Thomas Carey, Brian Flowers, and B.C. Hammond—are competing for the party's nomination.

    • In District 3, Dorothy Benford and Katelyn Lee are competing in the Democratic primary. Rep. Michael Guest is facing challenger James Tulp in the Republican primary. 

    • In District 4, no Democratic candidates filed to run. Rep. Steven Palazzo is facing three challengers—Carl Boyanton, Robert Deming, and Samuel Hickman—in the Republican primary. 

    • Entering the 2020 election, the U.S. Senate has 45 Democrats, 53 Republicans, and two independents who caucus with Democrats. The U.S. House has 232 Democrats, 197 Republicans, one independent, and five vacancies.

Supreme Court reverses decision of Kansas Supreme Court in case regarding the Immigration Reform and Control Act

• On March 3, 2020, the Supreme Court of the United States issued its ruling in Kansas v. Garcia, a case concerning the Immigration Reform and Control Act (IRCA).

• In the case, Ramiro Garcia, Donaldo Morales, and Guadalupe Ochoa-Lara were each convicted of identity theft in Johnson County, Kansas. They each appealed their convictions to the Kansas Supreme Court, arguing the Immigration Reform and Control Act (IRCA) preempted their prosecution. On appeal, the Kansas Supreme Court reversed the three convictions. The State of Kansas appealed the decision to the Supreme Court of the United States.

• The questions presented before the Supreme Court of the United States were:

  • Whether IRCA expressly preempts the States from using any information entered on or appended to a federal Form I-9, including common information such as name, date of birth, and social security number, in a prosecution of any person (citizen or alien) when that same, commonly used information also appears in non-IRCA documents, such as state tax forms, leases, and credit applications.

  • Whether the Immigration Reform and Control Act impliedly preempts Kansas’ prosecution of respondents.

• In a 5-4 opinion, the court reversed and remanded the Kansas Supreme Court’s decision, holding that the Kansas statutes under which Garcia, Morales, and Ochoa-Lara were convicted are not expressly preempted.

• Justice Samuel Alito delivered the opinion of the court. Justice Clarence Thomas filed a concurring opinion, in which Justice Neil Gorsuch joined. Justice Stephen Breyer filed an opinion concurring in part and dissenting in part, in which Justices Ruth Bader Ginsburg, Sonia Sotomayor, and Elena Kagan joined.

Candidate filing period for congressional races to end in six states

• Candidate filing deadlines will pass in Montana (Monday, March 9) and New Mexico and Oregon (Tuesday, March 10). Filing periods end in three more states (Idaho, Iowa, and Nevada) next Friday, March 13. Offices on the ballot in the three states with filing deadlines through March 10 include:

• Montana—One U.S. Senate seat and one U.S. House seat

• New Mexico—One U.S. Senate seat and three U.S. House seats

• Oregon—One U.S. Senate seat and five U.S. House seats

SCOTUS hears cases regarding the Constitution's Suspension Clause, abortion, and presidential appointment and removal powers

• The U.S. Supreme Court heard five hours of arguments this week.

• March 2

  • In Nasrallah v. Barr, Nidal Khalid Nasrallah, a citizen and native of Lebanon, pleaded guilty to two counts of receiving stolen property in interstate commerce. An immigration judge determined that one of Nasrallah's convictions involved moral turpitude, which Nolo's Plain-English Law Dictionary defines as "conduct that is shamefully wicked, an extreme departure from ordinary standards of morality, justice, or ethics." The immigration judge also determined the conviction constituted a particularly serious crime, making Nasrallah subject to removal as an alien. However, the judge granted Nasrallah protection from removal under the Convention Against Torture (CAT).
    
    The case was appealed to the Board of Immigration Appeals, which affirmed in part and reversed in part the immigration judge's decision, and ordered Nasrallah's removal. Nasrallah petitioned the U.S. Court of Appeals for the 11th Circuit for review. The 11th Circuit denied in part and dismissed in part the petition, holding it lacked jurisdiction under 8 U.S. Code § 1252(a)(2)(C).
    
    Section 1252(a)(2)(C) prohibits courts from having "jurisdiction to review any final order of removal against an alien who is removable by reason of having committed" certain criminal offenses.
    
    The issue (from SCOTUSblog): "Whether Section 1252(a)(2)(C), which bars judicial review of factual determinations in final orders of removal on criminal grounds, also bars judicial review of Nasrallah’s challenge to the denial of his application for deferral of removal under the CAT."
     

  • In Department of Homeland Security v. Thuraissigiam, Vijayakumar Thuraissigiam, a Sri Lankan native, illegally entered the United States by crossing the Mexico border in 2017. A U.S. Customs and Border Protection officer apprehended Thuraissigiam and the U.S. Department of Homeland Security (DHS) began expedited removal proceedings. An asylum officer and later an immigration judge decided Thuraissigiam did not have a credible fear of persecution in Sri Lanka.
    
    Thuraissigiam filed a petition for a writ of habeas corpus in the U.S. District Court for the Southern District of California. The district court dismissed the petition for lack of subject matter jurisdiction, ruling the court was not authorized to review claims under 8 U.S.C. § 1252(e).
    
    On appeal, the 9th Circuit Court of Appeals reversed and remanded the district court's ruling. The 9th Circuit held § 1252(e)(2) violated Thuraissigiam's rights under the U.S. Constitution's Suspension Clause, which bars a writ of habeas corpus from being suspended once it has been issued.
    
    DHS filed a petition for review with the U.S. Supreme Court.
    
    The issue: Whether 8 U.S.C. § 1252(e)(2) is unconstitutional under the Suspension Clause.
     

• March 3

  • Seila Law v. Consumer Financial Protection Bureau concerns the extent of the president’s appointment and removal powers. The Consumer Financial Protection Bureau (CFPB) issued a civil investigative demand to the California-based firm, Seila Law. Seila Law refused to comply, so the agency petitioned the U.S. District Court for the Central District of California, asking it to enforce the demand. Seila Law responded by arguing that the CFPB violated the U.S. Constitution's separation of powers doctrine. The district court rejected Seila Law's argument and ordered it to comply.
    
    Seila Law appealed to the 9th Circuit Court of Appeals, which affirmed the district court's order.
    
    The issues:
    (1) Whether the vesting of substantial executive authority in the CFPB, an independent agency led by a single director, violates the separation of powers.
    
    (2) If the CFPB is found unconstitutional on the basis of the separation of powers, can 12 U.S.C. §5491(c)(3) be severed from the Dodd-Frank Act?
    
    The Dodd-Frank Act created the CFPB in 2010. 12 U.S.C. §5491(c)(3) of the Act established one agency director, a presidential appointee subject to Senate confirmation. The director serves a five-year term, and can be removed only for cause—"inefficiency, neglect of duty, or malfeasance in office."
     

  • In Liu v. Securities and Exchange Commission, the Securities and Exchange Commission (SEC) sued business partners Charles Liu and Lisa Wang, alleging they had misappropriated funds and defrauded investors in their EB-5 visa business. The U.S. District Court for the Central District of California ruled in favor of the SEC, finding that Liu and Wang violated the Securities Act of 1933, and imposed civil penalties in addition to a disgorgement order requiring Liu and Wang to surrender to the SEC the millions of dollars they raised from investors.
    
    The 9th Circuit Court of Appeals affirmed the lower court's ruling. Liu and Wang appealed to the U.S. Supreme Court, arguing the SEC lacked the legal authority to ask the district court to impose a disgorgement order.
    
    According to the Legal Information Institute, disgorgement is a "remedy requiring a party who profits from illegal or wrongful acts to give up any profits he or she made as a result of his or her illegal or wrongful conduct."
    
    The issue: Whether the SEC may seek and obtain disgorgement from a court as "equitable relief" for a securities law violation even though the U.S. Supreme Court has determined that such disgorgement is a penalty.

• March 4

  • June Medical Services v. Gee is consolidated with Gee v. June Medical Services.
    
    June Medical Services, a clinic in Shreveport, Louisiana, challenged Louisiana Act 620 in court. Act 620 established requirements for doctors performing abortions, specifically that they be able to admit patients and provide diagnostic and surgical services to a hospital within 30 miles of the facility where the abortion is provided.
    
    The U.S. District Court for the Middle District of Louisiana issued a preliminary injunction. Louisiana appealed to the 5th Circuit Court of Appeals, which lifted the injunction. The U.S. Supreme Court then restored the injunction.
    
    While June Medical Services' lawsuit was ongoing, the U.S. Supreme Court held in Whole Woman's Health v. Hellerstedt that a Texas law similar to Act 620 was unconstitutional.
    
    On remand, the Middle District of Louisiana held Act 620 was unconstitutional. On appeal, the 5th Circuit reversed the district court's ruling and denied an en banc rehearing.
    
    June Medical Services petitioned the U.S. Supreme Court for a writ of certiorari, arguing the 5th Circuit's ruling "conflicts with Whole Woman's Health in its result and its reasoning."
    
    The issue: Whether the 5th Circuit’s decision upholding Louisiana’s law requiring physicians who perform abortions to have admitting privileges at a local hospital conflicts with the U.S. Supreme Court’s binding precedent in Whole Woman’s Health v. Hellerstedt (2016).

Candidate filing period for congressional races ends in Georgia

• The major-party filing deadline to run for a U.S. House or Senate seat in Georgia was on March 6, 2020. In Georgia, prospective candidates could file for the following congressional offices:

  • U.S. Senate (2 seats: 1 special election and 1 regular election)

  • U.S. House (14 seats)

• The U.S. Senate special election was called after Johnny Isakson (R) resigned at the end of 2019, citing his health. On December 4, 2019, Gov. Brian Kemp (R) appointed Kelly Loeffler (R) to fill the seat. Loeffler is running in the election. The winner of the election will fill the remaining two years of Isakson’s six-year term.

• The seat in the regularly scheduled U.S. Senate election is currently held by incumbent David Perdue (R). Perdue was first elected in 2014.

• In the U.S. House races, voters will elect candidates from each of the state’s 14 congressional districts. Heading into the November 3 election, the Republican Party holds nine of the 14 seats.

• The primary is scheduled for May 19. A primary runoff is scheduled for July 21, and the general election is scheduled for November 3, 2020. If needed, a general runoff election will be held on December 1, 2020, for state races and on January 5, 2021, for federal races.

• Georgia’s statewide filing deadline is the 15th to take place in the 2020 election cycle. The next statewide filing deadline is on March 9 in Montana.

• Georgia has a Republican state government trifecta. A trifecta exists when one political party simultaneously holds the governor’s office and majorities in both state legislative chambers.

Sanders leads Democratic presidential candidates in weekly Ballotpedia pageviews

• Last week, Bernie Sanders led all Democratic campaigns in pageviews. His campaign page was viewed 11,201 times, equaling 32.9% of pageviews for all Democratic campaigns this week. He was followed by Joe Biden with 22.0% of pageviews and Michael Bloomberg with 22.0%. The only other Democratic candidate to ever receive more than 10,000 pageviews in a week was Marianne Williamson (12,172) during the week of the first primary debate.

• The top three Democratic presidential candidates in lifetime pageviews are Biden with 173,616, Sanders with 165,148, and Elizabeth Warren with 153,225. Last week, Pete Buttigieg (184,297 pageviews) and Tom Steyer (57,800 pageviews) ended their campaigns.

• Four Democratic candidates received more pageviews this week relative to last week. Biden led all candidates with 68.3% more pageviews this week. Bloomberg (1.2%) and Amy Klobuchar (3.4%) saw a decrease in their pageviews this week relative to last week.

• Donald Trump received the most pageviews of the three Republican candidates for the first time. Trump received 7,975 pageviews, while Roque de la Fuente received 6,549 and Bill Weld received 5,333.

Candidate filing period ends for Nebraska congressional districts

• On March 2, the non-incumbent filing deadline passed for candidates to run for elected office in Nebraska. The incumbent filing deadline passed on February 18. One U.S. Senate seat and three U.S. House seats are up for election in the state.

• The Class II Senate seat currently held by Ben Sasse (R) is up for election. Sasse filed to run for re-election. In addition to Sasse, one Republican, seven Democrats, and one Libertarian filed to run for the seat.

• The seats for House Districts 1, 2, and 3 are up for election. All three incumbents filed for re-election: Jeff Fortenberry (R) for District 1, Don Bacon (R) for District 2, and Adrian Smith (R) for District 3.

  • District 1: In addition to Fortenberry, two Democrats and one Libertarian filed to run.

  • District 2: In addition to Bacon, one Republican, three Democrats, and one Libertarian filed to run.

  • District 3: In addition to Smith, four Republicans, one Democrat, and one Libertarian filed to run.

• The primary is scheduled for May 12, and the general election is scheduled for November 3, 2020.

Congress is in session

Both the Senate and the House are in session next week. Click here to see the full calendar for the second session of the 116th Congress.

Where was the president last week?

• On Monday, Trump met with the President of the Republic of Colombia and met with pharmaceutical executives.

• On Tuesday, Trump spoke at the National Association of Counties Legislative Conference and toured the Viral Pathogenesis Laboratory.

• On Wednesday, Trump spoke at the Latino Coalition Legislative Summit.

• On Thursday, Trump participated in a live FOX News Channel Town Hall.

• On Friday, Trump signed an Emergency Coronavirus funding bill and toured the aftermath of storms in Cookeville, Tennessee.

Federal judiciary

• 78 federal judicial vacancies

• 41 pending nominations

• 9 future federal judicial vacancies

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