Eric Holder’s Court-Packing Scheme Will ‘Destroy Our Constitution’

President Donald Trump responded to comments from former Attorney General Eric Holder, saying Democrats are pursuing a plan to expand the Supreme Court that could seriously harm the Constitution.
In a job on Truth Social, Trump reacted to a recent appearance by Eric Holder in which he discussed the possibility of expanding the Supreme Court if Democrats take full control of the government in 2028. Trump described Holder as an “Obama sycophant” who “has done so much to harm our country,” calling him a “former attorney general of the United States” who “used the Obama administration as a weapon against the Republican Party (and ME!).”
Referring to Holder by the nickname “FAST AND FURIOUS” invoke After the Obama-era gun-trafficking scandal, Trump warned that Holder “emphasized, above all else, that Democrats would pack the United States Supreme Court if they had the chance.” According to Trump, Holder supports not just a minor expansion, but an increase to “21 radical-left activist judges,” up from “the 15 they’ve been seeking so far.”
Trump said such a move would “destroy our Constitution,” adding that “there’s nothing Republicans can do about it unless we end the filibuster.” He linked the potential elimination of the filibuster to Republican electoral success, predicting that it would lead to an “easy victory in the midterm elections, and an even easier victory in the 2028 presidential election.” Trump urged Republicans to act, writing: “The American people don’t want gridlock, they want their leaders to get things done – end the filibuster and have the most successful four years in our country’s history, by far, without even the hint of a shutdown of our great nation on January 30th!”
The video Trump referenced shows Holder declaring the Supreme Court “a broken institution,” saying it “can’t be left in place without discussion, at least.” He continues: “Without substantive reforms in place, this Supreme Court, as it is currently constituted – if there is a Democratic trio in 2028 – reform of the Supreme Court is something that needs to be considered. Potential expansion of the Court is something, I think, that should also be considered.”
This is not the first time Holder has raised the idea of changing the composition of the Court. At an event organized in January 2021 by the Brookings Institution, he argued for trial in light of what he calls a “crisis of legitimacy” created by the appointment of a conservative majority. He blamed the current makeup of the judiciary for Republicans’ refusal to confirm Merrick Garland to the Court in 2016, followed by the confirmation of Amy Coney Barrett in 2020. Holder said Democrats “need to use the power they have now” and said, “I think it would be entirely appropriate to add additional seats to the Supreme Court, in response to what has happened over the last several years.”
At that same event, Holder claimed that the courts had become “political bodies” and that federal courts were filled with “ideologues who systematically make decisions based on their stunted mentality.” He also approved an 18-year term limit for judges and a minimum age for admission of 50, calling for greater diversity within the judiciary.
Holder do similar arguments in 2020 and 2021, citing the Republican refusal to confirm Merrick Garland and the rapid confirmation of Amy Coney Barrett as reasons why Democrats should consider court reform, including adding judges. During a 2020 appearance, he claimed 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 The ReidOut that the Supreme Court’s “legitimacy is at stake” in its handling of former President Donald Trump’s electability case. Referring to the arguments of Trump’s legal team, Holder remarked: “Again, there is no constitutional basis for this, no historical precedent for this.” ” He added that a ruling in Trump’s favor “would really endanger how the court will be perceived by the American public” and warned that it would also endanger democracy and the rule of law.


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