Far-Right Campaign Against Progressive Judge Continues
Conservative opposition against the second SPD candidate gains momentum
In a continued effort to influence the appointment of judges to Germany's Federal Constitutional Court, far-right media and political actors have stepped up their attacks on Ann-Katrin Kaufhold, the SPD’s second candidate, following the withdrawal of Frauke Brosius-Gersdorf.
The campaign against Kaufhold, who has been accused of supporting progressive stances on issues such as abortion rights, mandatory vaccination, and climate policy, has been orchestrated by right-wing platforms like Nius and figures within the Alternative for Germany (AfD) party, such as Beatrix von Storch and Alice Weidel.
One of the most significant triggers for Brosius-Gersdorf’s withdrawal was plagiarism allegations, notably from plagiarism hunter Stefan Weber, who claimed large parts of her doctoral thesis were authored by her husband. Brosius-Gersdorf denied these claims and sued Weber for libel, but the controversy surrounding the allegations weakened her candidacy.
The smear campaign reflects a deliberate tactic by right-wing forces to block left-wing nominees by exploiting the two-thirds majority requirement for appointments. If successful, this tactic would pressure for changes in appointment rules that would enable a governing majority to unilaterally select judges, potentially threatening judicial independence.
Despite receiving less public attention than Brosius-Gersdorf, Kaufhold has not escaped the scrutiny of far-right figures and CDU critics. Outlets like "Tichys Einblick" and the Catholic "Tagespost" have declared that Kaufhold is "even more radical" than her predecessor who withdrew, while AfD MP Stephan Brandner has spoken of the "next battle against Kaufhold" in a video and called the lawyer "intolerable" and "highly dangerous."
The right-wing nationalist "Junge Freiheit" has written that "The withdrawal of Brosius-Gersdorf can only be the beginning" and directed at Kaufhold: "Time to take her down." The Federal AfD has also stated on social media that "Brosius-Gersdorf stopped: Now prevent Kaufhold!"
Observers express concern that these attacks undermine the credibility of academia and the judiciary, as well as threaten the political neutrality and independence of Germany’s highest court. The controversy around Brosius-Gersdorf, instigated partly by factual ambiguities on plagiarism, is viewed as part of a broader effort to delegitimize legal scholars who symbolize progressive legal thought.
The campaign illustrates how judicial nominations are becoming battlegrounds for wider ideological conflicts in Germany, notably involving the AfD’s influence and right-wing media narratives aimed at undermining progressive judges. The continued attacks on Kaufhold highlight the need for vigilance in safeguarding the independence and integrity of the judiciary.
In the ongoing political theater of Germany's Supreme Court appointment process, the escalation of attacks against Ann-Katrin Kaufhold by right-wing media and political actors such as the Alternative for Germany (AfD) party members and outlets like "Tichys Einblick" and "Junge Freiheit," highlights their intent to control the judiciary by undermining progressive candidates. This broader effort to discredit legal scholars, as seen in the case of Frauke Brosius-Gersdorf, poses a threat to the political neutrality and independence of Germany's highest court and the credibility of academia at large.
