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Former President Donald Trump has sharply criticized remarks made by ex-Attorney General Eric Holder, accusing Democrats of plotting to expand the Supreme Court in a way that could undermine the Constitution.
Trump took to Truth Social to address Holder’s recent suggestion that if Democrats secure full control of the government by 2028, they might consider increasing the number of Supreme Court justices. Trump labeled Holder as an “Obama sycophant” who has, in his view, significantly damaged the country, and accused him of weaponizing the Obama administration against Republicans, including himself.
Using the moniker “FAST AND FURIOUS” in reference to a controversial Obama-era operation, Trump claimed Holder boldly announced that Democrats aim to “PACK the Supreme Court of the United States whenever they can.” Trump asserted that Holder is advocating for a substantial expansion to “21 Radical Left Activist Judges,” beyond the previously mentioned target of “15.”
Trump warned that such changes could “destroy our Constitution,” and contended that Republicans are powerless to prevent it unless they “TERMINATE THE FILIBUSTER.” He linked the potential elimination of the filibuster to Republican electoral victories, forecasting it would pave the way for triumphs in both the midterms and the 2028 presidential race. He urged Republicans to take decisive action, stating, “The American People don’t want gridlock; they want effective leadership — TERMINATE THE FILIBUSTER, and ensure an extraordinarily successful four years without any threat of a government shutdown!”
The video that drew Trump’s ire shows Holder describing the Supreme Court as “a broken institution” that requires at least a discussion about its current state. Holder argued for substantive reforms and suggested that, with a Democratic sweep in 2028, reforms and potential expansion of the Court must be considered as serious options.
This is not the first time Holder has raised the idea of altering the composition of the Court. In a January 2021 event hosted by the Brookings Institution, he argued for court-packing in light of what he called a “crisis of legitimacy” created by the appointment of a conservative majority. He blamed the current makeup of the judiciary on Republicans’ refusal to confirm Merrick Garland to the Court in 2016, followed by the confirmation of Amy Coney Barrett in 2020. Holder said Democrats “must use the power that they now have,” and stated: “I believe it would be totally appropriate to add additional seats to the Supreme Court, in response to what has transpired over the past few years.”
At that same event, Holder claimed the courts had become “political bodies,” and that federal courts were filled with “ideologues who consistently reach rulings based on their stunted mindsets.” He also endorsed 18-year term limits for justices and a minimum qualifying age of 50 years, advocating for greater diversity on the bench.
Holder made similar arguments in both 2020 and 2021, citing Republican refusal to confirm Merrick Garland and the swift confirmation of Amy Coney Barrett as reasons Democrats should consider court reform, including adding justices. In a 2020 appearance, he asserted that if Republicans succeeded in replacing Justice Ruth Bader Ginsburg, it would result in “a 6-3 court” with a conservative majority ruling on critical issues “for generations to come.”
In January 2024, former Attorney General Eric Holder commented on MSNBC’s The ReidOut that the Supreme Court’s “legitimacy is at stake” in its handling of former President Donald Trump’s eligibility case. Referring to Trump’s legal team’s arguments, Holder remarked: “There is again no constitutional basis for it, no historical precedent for it.” He added that ruling in Trump’s favor would “really put at risk how the court will be viewed by the American public” and cautioned it would also endanger democracy and the rule of law.
