Election of constitutional judges | Brosius, quo vadis?

The chaos surrounding the thwarted election of law professor Frauke Brosius-Gersdorf to the Federal Constitutional Court continues unabated. In an hour-long interview on Tuesday evening on the ZDF talk show "Markus Lanz," Brosius-Gersdorf presented her positions and defended herself against untruths and defamation from the right. She claimed that she was neither "ultra-left" nor did she demand the right to abortion until shortly before birth. The professor stated that while she did not want to succumb to the campaign against her, she could not rule out withdrawing her candidacy if the dispute surrounding her were to harm the court.

Brosius-Gersdorf also received support from within her own field. Around 300 legal scholars, including former constitutional judges, attested to her high professional qualifications in an open letter published in the legal magazine "Legal Tribune Online" and sharply criticized her: "To initially confirm a candidate to the Judicial Selection Committee, only to then backtrack in the face of ideological lobby groups and campaigns riddled with untruths and defamation, at the very least, demonstrates a lack of political backbone and insufficient internal preparation."

The SPD is also strengthening its candidate, with SPD parliamentary group leader Matthias Miersch explaining: "We're sticking with our candidates. I expect a majority." Discontent over Friday's rejection was widespread.

While the SPD remains loyal to the legal scholar, the CDU/CSU is taking a stand against her. CDU Bundestag member Gitta Connemann appears unimpressed by Brosius-Gersdorf's television appearance: "Ultimately, such a question will not be decided in talk shows or the media, but rather it is a question that must be resolved in discussions between the coalition factions of the SPD, CDU, and CSU," Connemann said. The personnel issue is too emotionally charged in this case.

Federal Research Minister Dorothee Bär (CSU) also positions herself against Brosius-Gerdsdorf. She stated on the ARD talk show "Maischberger" that she respects the fact that responsible members of parliament don't have the conscience to vote for Brosius-Gersdorf. Instead, she expects the candidate to consider whether she is the right person. Bär defends the criticism as legitimate – she adds that one does women no favors by not being allowed to engage with their views, "and I also expect someone who wants to be elected to Germany's highest court to be open to criticism," she adds.

The Greens continue to support the SPD candidate and hope that Brosius-Gersdorf will retain her candidacy. Green parliamentary group leader Britta Haßelmann stated on Wednesday in the ARD "Morgenmagazin": "I hope she sticks with her candidacy, and above all, I hope that the CDU/CSU doesn't let the AfD push them around." The AfD's goal, she said, is the "destruction of the CDU/CSU." The Greens are calling for a special session of the Bundestag to elect the three constitutional judges this week, arguing that the end of the parliamentary summer recess, which has already begun, cannot be waited until September.

Ines Schwerdtner, leader of the Left Party, rejected this in the ARD "Morgenmagazin": "I am strictly against a special session until all the facts are on the table and clarified." If the government does not pull itself together, the same theater will simply be staged again, only that convening the Bundestag during the summer recess will cost 200,000 euros.

"I expect the majority to stand."

Matthias Miersch, SPD parliamentary group leader

Schwerdtner was harsh in his criticism of the CDU, saying it was a disgrace for the Union that large parts of its faction were unwilling to form a majority and preferred to vote with the AfD. "I really warn against trying to prepare a black-blue coalition in 2029 by opening up to the right." Whether Die Linke would continue to support Brosius-Gersdorf, Schwertdner left open: "We will probably continue to support her, but we will then look at the overall package." The ball is in the government's court, not the candidate's own.

Meanwhile, the CDU/CSU parliamentary group leader, Jens Spahn (CDU), admitted in a letter to the CDU/CSU parliamentary group that he shared responsibility for the failed judicial election. "Last Friday was a difficult day for the coalition. There's no sugarcoating it." He said he "underestimated the extent of the fundamental and substantive concerns about one of the candidates," but was convinced that the CDU/CSU would find a solution with the SPD.

Meanwhile, Chancellor Friedrich Merz (CDU) has announced that he intends to discuss the next steps within the coalition government in the coming weeks. Whether he will be able to encourage the dissidents within his own ranks to maintain discipline, or whether the SPD will abandon Brosius-Gersdorf, remains to be seen. With agencies