Former U.S. Attorney General Eric Holder has said that if Republicans create an "illegitimate" conservative majority on the Supreme Court, more justices should be added.
Holder, who was the nation's top lawyer for six years during the Obama administration, accused Republicans of "blatant hypocrisy" for moving to fill the Supreme Court vacancy created by Justice Ruth Bader Ginsburg's death so close to the presidential election.
In an appearance on MSNBC's PoliticsNation on Saturday, Holder told Rev. Al Sharpton that the position being taken by President Donald Trump and the Republican Party is "totally inconsistent" with the position they took with Merrick Garland, who President Barack Obama nominated to the Supreme Court in March 2016.
Holder also said that if Republicans were successful in filling the seat, Democrats should respond by reforming the nation's highest court—and add more justices.
"It's blatant hypocrisy," Holder said. "It's totally inconsistent with the position that they took to Merrick Garland."
NEW: @EricHolder says if Republicans rush through another justice it would be an âillegitimateâ 6-3 majority and Democrats should respond with court reform that includes adding additional justices to the Supreme Court. pic.twitter.com/JQohzRJZWF — Patrick Rodenbush (@pnrodenbush) September 19, 2020
"From my perspective, having a nomination in the last year of a president's term, I don't have a problem with that," he added.
"I think what President Obama did was appropriate, but when you get this close to an election, when votes have already started to be cast in Virginia and in other states as well, it's far too close to the election for a nomination to be tendered and to be considered especially given the reality that were confronting where we're likely to have this president be defeated and where you're likely to have a new Senate after November 3rd."
He continued: "I think it's hypocritical and it tends to politicize the courts generally, the Supreme Court specifically and will over the long term will undermine the legitimacy of the court."
Sharpton noted that the matter involved "very serious issues," including abortion rights, voting rights, LGBTQ rights and thee Affordable Care Act.
I am live hosting #PoliticsNation w/ Al Sharpton, former Attorney General Eric Holder is my first guest this evening. Tune in to MSNBC. pic.twitter.com/tA0ET0j9qX — Reverend Al Sharpton (@TheRevAl) September 19, 2020
"If we have a tilted court based on some hypocritical politics and these issues are weighed that way, we're talking about generations could be impacted by this," he added.
Holder said: "That's exactly right. You would put in place, if this is allowed to happen, a 6-3 court. And with all the issues that you have talked about, you would have a conservative majority on the court, illegitimate conservative majority on the court, ruling on these matters that will effect the nation for generations to come."
Holder added that if Garland had been confirmed, there would have been a progressive majority on the Supreme Court for the past three years.
"Think about what that meant," he said. "So I think if, if in fact they are successful in placing a justice on the court, I think that what Democrats have to do, assuming that Biden is president and there is a Senate majority for the Democrats, we need think about court reform.
"And at a minimum, as part of that reform package, I think additional justices need to be placed on the Supreme Court."
At a rally on Saturday night, Trump vowed to put forth a female nominee for the empty seat despite the objections of Democrats.
At least one Republican senator has already broken ranks. Maine's Susan Collins has said she believed replacing Ginsburg should be the decision of the president who is elected in November.
Joe Biden, the Democratic presidential nominee, also said any selection should come after the election. "Let me be clear: The voters should pick a President, and that President should select a successor to Justice Ginsburg," he tweeted.
Ginsburg also wanted her replacement to be chosen after the election.
In her final statement, reportedly made to her granddaughter Clara Spera on her deathbed just days before she passed away, she said: "My most fervent wish is that I will not be replaced until a new president is installed."
dances_with_fish on September 20th, 2020 at 14:20 UTC »
Send post cards! Especially if you live in-State.
A list of SENATOR’S OWN WORDS from 2016 to put on postcards with addresses. Write to these senators!
Senator Mike Lee 361A Russel Senate Office Bldg. Washington, DC 20510 You in 2016: "We think that the American people need a chance to weigh in on this issue, on who will fill that seat. They’ll have that chance this November and they outghta have that chance." So, it's 2020, and the shoe still fits. Please don't be a hypocrite: do the right thing by delaying SCOTUS nomination hearings until 2021.
Senator Lindsey Graham 290 Russel Senate Office Bldg. Washington, DC 20510 You in 2018: "If an opening comes in the last year of President Trump's term, and the primary process has started, We'll wait to the next election." Those are your words, sir. Keep your word. SCOTUS nomination hearings should not start until 2021.
Senator Marco Rubio 284 Russel Senate Office Bldg. Washington, DC 20510 You in 2016: “I don’t think we should be moving forward on a nominee in the last year of this president’s term. I would say that if it were a Republican President.” It’s 2020 & the same circumstances, so SAY IT: We shouldn’t be moving forward on a nominee in the last year of this president’s term. Please prove you are a man of your word. Don’t be a hypocrite.
Senator Ron Johnson 328 Hart Senate Office Bldg. Washington, DC 20510 In 2016, you wrote: “ In a very unique moment in time, eight months before an election where the American public will decide the direction of the country, why not let the American people decide the direction of the Supreme Court...Let the American people decide.” So, it's 2020 and the shoe still fits, only it 45 days until the election, not 8 months. Please do the right thing, and hold the SCOTUS nomination hearings until 2021. Please, don't be a hypocrite.
Senator Cory Gardner 354 Russel Senate Office Bldg Washington DC 20510 You in 2016: “Our next election is too soon and the stakes are too high; the American People deserve a role in this process as the next Supreme Court Justice will influence the direction of this country for years to come.” So, it’s 2020, and the shoe still fits. The American people still deserve a role in the SCOTUS nomination process, unless you plan on being a hypocrite. I’ll give you the benefit of the doubt, and trust you will do the right thing.
Senator John Barrasso 307 Dirksen Senate Office Bldg Washington, DC 20510 You in 2016: “The American people will soon decide our next president. That person should get to choose the next supreme Court Nominee. Give the people a voice and let them chart the course for the court and the country.” So, it’s now 2020, and the shoe still fits. The people still deserve a voice to chart the course for the court and country. Please don’t be a hypocrite: SCOTUS nominations must wait until 2021.
Senator Pat Toomey 248 Russel Senate Office Bldg. Washington, DC 20510 You in 2016: “With the presidential election fewer than 8 months away, it is wise to give the American people a more direct voice in the selection and confirmation of the next justice.” So, it’s 2020, and the shoe still fits. Do the right thing and let the American people use their voice; don’t be a hypocrite.
Senator John Thune US Senate SD-511 Washington, DC 20510 You in 2016: “Since the next presidential election is already underway, the next president should make this lifetime appointment to the supreme court.” Guess what? It’s 2020, and the shoe still fits.
Senator Chuck Grassley 135 Hart Senate Office Bldg. Washington, DC 20510 You in 2016: “A lifetime appointment that could dramatically impact individual freedoms and change the direction of the court for at least a generation is too important to get bogged down in politics. The American people shouldn’t be denied a voice.” Guess what? It’s 2020, it’s still important and the American people still shouldn’t be denied a voice. Please don’t be a hypocrite & do the right thing.
Senator John Cornyn 517 Hart Senate Office Bldg. Washington, DC 20510 You in 2016: “This is really about an important principle. It’s important to allow the voters, in choosing the next president of the United States, make that decision and make sure their voice is heard rather than just 100 members of the Senate.” So, it’s 2020, and the principles have not changed. Let the voters be heard. Please don’t be a hypocrite; do the right thing.
Senator Tom Cotton 124 Russell Senate Office Bldg. Washington, DC 20510 You in 2016: “In a few short months, we will have a new president and new senators who can consider the next justice with the full faith of the people…Why would we squelch the voice of the populace? Why would we deny the voters a chance to weight in?” So, it’s 2020. It’s 45 days until the presidential election, (days, not months). Don’t squelch our voices. Wait until after the election to confirm a new SCOTUS Justice.
Senator Steve Daines 320 Hart Senate Office Bldg. Washington, DC 20510 You in 2016: The Senate should exercise its Constitutional powers by NOT confirming a new #SCOTUS Justice until Americans have their voices heard.” Well, it’s 2020, and Americans still need to have their voices heard. Don’t be a hypocrite: Do the right thing- No confirmation hearings until 2021.
Senator Rob Portman 448 Russell Senate Office Bldg. Washington, DC 20510 You in 2016: “I believe the American people should have a voice in this debate. This is a lifetime appointment that could reshape the Supreme Court for generations, and I believe the best thing for the country is to trust the American people to weigh in.” So, it’s 2020, and the shoe still fits- which means the best thing for the country is to let us weigh in! Don’t be a hypocrite: Do the right thing- No confirmation hearings until 2021.
Senator David Perdue 320 Hart Senate Office Bldg. Washington, DC 20510 You in 2016: “I believe the decision to not hold hearing for a supreme court nominee this year is a wise course of action in the midst of a presidential election.” So, it’s 2020, and the shoe still fits. Be wise: you SHOULD NOT hold hearing for a SCOTUS nominee in the midst of this presidential election.
Senator Ted Cruz 404 Russell Senate Office Bldg. Washington, DC 20510 You in 2016: “It has been 80 years since a Supreme Court vacancy was nominated and confirmed in an election year. There is a long tradition that you don’t do this in an election year.” So, it’s 2020, and we don’t want to break from tradition. Don’t be a hypocrite: Let the people have a voice!
Senator Mitch McConnell 317 Russell Senate Office Bldg. Washington, DC 20510 You in 2016: “There hasn’t been a vacancy created in a presidential election year filled in 80 years… so this vacancy will not be filled this year. We will look forward to the American people deciding who they want to make this appointment through their own votes.” So, it’s 2020, and the shoe still fits. Unless you’re a hypocrite, you must let the American people decide, just like they did in 2016.
Don’t even think about replacing the Honorable Ruth Bader Ginsburg, just 45 days until our next presidential election. During the Merrick Garland Nomination you claimed there wasn’t sufficient time to vote, and that was eleven months prior to the inauguration. You must remember it, after all, it was named, “The McConnell Rule.” Follow your own rules and hold the SCOTUS nomination hearings until 2021.
I also wrote a thank you to Senator Murkowki, because she already took a stand and said she would not support filling the vacancy before 2021. Senator Murkowki, 552 Hart Senate Office Bldg, Washington DC. 20510
HalaHalcones1 on September 20th, 2020 at 14:19 UTC »
It should expand regardless. There was a pre-Civil War tradition to expand the Court as they added federal circuits. So they added a 7th justice when they formed the 7th Circuit, then the 8th, 9th and 10th. Then they stopped and eliminated one justice after the Civil War. I'd amend the Judiciary Act to fix one SC seat for every federal circuit. That would make 13 seats, which feels like a good balance between being sufficiently representative without being unwieldy in size.
ZerexTheCool on September 20th, 2020 at 13:49 UTC »
I was pissed when they took the seat away from Obama and politicized the Supreme Court in such a heavy handed way. But I was willing to accept it, if grumble about it.
I was upset that they politicized the retirement of justices, so essentially adding extra a few decades on their seat with due to life time appointments. But I could accept it and just plan on advocating we do the same.
But I can not, and will not accept the idea that they will fill another seat against the precedent they themselves set only 4 years ago. What happens when the people stop trusting the Supreme Court in its entirety? What happens when people decide that the entire judiciary branch of the government has been corrupted and we stop following their orders?
The Judiciary has zero enforcement power. It relies entirely on the executive branch and the acquiescence from the people being ruled on for their words to have any meaning. After the Trump McConnell judges, will we all accept their rulings?