The Military Commissions Act (or whatever it is called) remains in effect. If it is going to fail, it'll be at the Supreme Court and not through the machinations of elected representatives. Of course, the problem there is that a case needs to get before the Supreme Court which, without habeus corpus, is nearly impossible. Besides, the suspension nof habeus corpus is "only" for non-citizens. At this point, at least. Although there are ways around that inconvenience - "extraordinary rendition," for instance.

Further, it is worth keeping in mind - as you surely know - that American politics has little party discipline. Many Democrats are worse than many Republicans. There's very little in the way of a party line. The most effective strategy, at this conjuncture, is through propositions - for instance, raising the minimum wage.