Former U.S. Attorney General Eric Holder says the conversation about the Supreme Court’s structure and power is no longer theoretical; it’s necessary.
In a recent appearance on The MeidasTouch Podcast, Holder argued that if Democrats secure control of the White House, the Senate, and the House of Representatives in 2028, they should seriously consider reforming a court he describes as “broken.”
“It pains me to say this, I think the Supreme Court is a broken institution,” Holder said. “If there is a Democratic trifecta in 2028, and I think the possibility of that is pretty good, Supreme Court reform is something that has to be considered.”
Holder’s comments reflect a broader shift within the Democratic Party, where calls for structural reform have grown louder following a string of consequential conservative-majority rulings, including the overturning of Roe v. Wade and the Court’s decision expanding presidential immunity.
President Joe Biden also criticized what he called the Court’s “extreme opinions” in 2024, while laying out his own reform proposals, including term limits, a binding ethics code, and even a constitutional amendment addressing immunity rulings.
Holder’s latest remarks build on his 2019 position, in which he suggested that adding seats to the Court, often referred to as “court-packing,” should be on the table for the next Democratic administration.
This time, he framed the issue around power, accountability, and the health of American democracy.
“We cannot leave in place, without at least a discussion, and I think without substantive reforms, this Supreme Court as it is presently constituted,” Holder said. “Term limits, at a minimum… potentially expanding the Court is something that should be considered.”
Holder also pointed to what he sees as a breakdown of good-faith governance, arguing that the Constitution was built on assumed norms that no longer hold.
“Our institutions have failed us. Congress has failed us. I think the Supreme Court has failed us. But the power that the American people have is substantially greater than I think we know.”
Referencing Dr. Martin Luther King Jr.’s famous line about “the arc of the moral universe,” Holder added:
“It doesn’t bend on its own. It only bends when people like us put our hands on that arc and pull it toward justice.”
For Holder, the potential Democratic trifecta in 2028 isn’t just political positioning, it’s an opportunity to reshape a system he says no longer reflects the people it serves.
