Trump’s Response to Holder on Supreme Court Expansion

President Donald Trump has reacted to remarks made by former Attorney General Eric Holder, who indicated that Democrats might pursue plans to expand the Supreme Court, a move Trump claims could threaten the Constitution.

In a post on Truth Social, Trump referred to Holder—who suggested that Democrats could gain control and potentially expand the Supreme Court by 2028—as an “Obama sycophant” who did significant harm to the country. He labeled Holder as a “former U.S. attorney general” who misused the Obama administration against the Republican Party and himself.

Nicknamed “FAST AND FURIOUS,” Holder faced scrutiny over gun-trafficking incidents from the Obama era. Trump emphasized that Holder made it clear that Democrats would seek to influence the U.S. Supreme Court if given the opportunity. He claimed that Holder is advocating for an increase in judges from the 15 he mentioned to a total of 21 “radical left-wing activist judges,” instead of just a minor adjustment.

Trump argued that such a move would “destroy our Constitution” and stated that “There is nothing Republicans can do unless they end the filibuster.” He connected the potential abolishment of the filibuster to Republican election success, believing it could result in straightforward victories in the upcoming midterms and the 2028 presidential election. He urged Republicans to take action, pointing out, “Americans don’t want gridlock. They want their leaders to get things done. End the filibuster and achieve the most successful four years in our nation’s history without facing a great national shutdown!”

In a video referenced by Trump, Holder described the Supreme Court as a “broken system” and insisted it must undergo discussion for reforms. He noted that without significant changes, the current composition of the Supreme Court could lead to a need for reform should the Democrats gain full control in 2028. He suggested that expanding the court should be on the table.

This isn’t the first time Holder has broached the topic of changing the court’s makeup. At an event in January 2021, he called for court packing due to what he identified as a “crisis of legitimacy” stemming from the conservative majority’s appointments. He criticized the judicial system for Republicans not confirming Merrick Garland in 2016 and Amy Coney Barrett in 2020. “Democrats have to leverage their power right now,” he asserted, adding, “It’s entirely appropriate to add seats to the Supreme Court in light of recent events.”

During the same event, Holder expressed that courts had become “political entities” filled with “ideologues” who base their rulings on narrow viewpoints. He also pushed for an 18-year term limit for judges, a minimum age requirement of 50, and greater diversity within the judiciary.

These arguments were similar to those made in 2020 and 2021, where Democrats pointed to the Republican refusal to confirm Garland and the rapid confirmation of Barrett as catalysts for considering court reforms, including adding judges. In 2020, Holder argued that replacing Justice Ruth Bader Ginsburg would create a conservative majority on the court for years to come.

In January 2024, Eric Holder discussed on MSNBC how the Supreme Court’s “legitimacy is at stake” regarding its handling of Donald Trump’s eligibility case. He commented on Trump’s lawyers’ arguments, stating, “There is still no constitutional basis and no historical precedent.” He warned that a ruling in Trump’s favor might undermine public perception of the court, posing risks to democracy and the rule of law.