Stephan Brandner: Withdrawal of Brosius-Gersdorf - a modest victory for reason and logic
Controversy Surrounding SPD's Federal Constitutional Court Candidate
The nomination of Frauke Brosius-Gersdorf, the SPD's candidate for Germany's Federal Constitutional Court, has become a contentious issue, with plagiarism allegations, political opposition, and a resulting political scandal leading to her withdrawal.
The controversy began when Brosius-Gersdorf's candidacy was postponed twice due to accusations of plagiarism that surfaced shortly before the Bundestag vote. This, in turn, prevented the two-thirds majority needed to elect judges, blocking her election from the agenda [1][2][5].
Conservatives criticized Brosius-Gersdorf for her liberal views on abortion, including advocacy for late-term abortions, and support for compulsory COVID-19 vaccinations. This ideological clash contributed to CDU/CSU internal resistance even after the parliamentary committee had approved her nomination [2][4][5].
The episode was further fueled by smear campaigns against Brosius-Gersdorf, heavily promoted by far-right outlets and the Alternative for Germany (AfD). This political resistance played a role in mobilizing conservative CDU/CSU MPs who opposed her candidacy [4].
On August 7, 2025, Brosius-Gersdorf announced her withdrawal, citing CDU’s categorical rejection and the risk of breaking the coalition. This sudden withdrawal shocked the SPD and stirred polarized public reactions [3].
The controversy has highlighted growing concerns about the politicization and stability of the judicial appointment system. Critics argue for reforms to reduce partisan blockades, perhaps by altering election procedures, increasing nomination transparency, or introducing safeguards against smear campaigns and ideological vetoes to protect the court’s independence and democratic legitimacy [1][2][5].
Stephan Brandner, deputy federal spokesman for the AfD, described Brosius-Gersdorf's move as long overdue. He argued that not only Brosius-Gersdorf, but also the SPD's other candidate, Kaufhold, should not become a judge at the Federal Constitutional Court. Brandner considered the withdrawal a small victory for reason and common sense [6].
The AfD views the withdrawal as insufficient to resolve further problems, and the controversy has damaged the reputation of Brosius-Gersdorf and that of the Federal Constitutional Court. The press contact for the Alternative for Germany can be reached at [email protected] [7].
The withdrawal of Brosius-Gersdorf has intensified debates on the vulnerability of judicial appointments to partisan conflict and amplified calls for systemic reforms to safeguard the court’s impartiality and appointment procedure. Reasonable people in this country must now focus more on the Kaufhold case and make it clear that she is equally unacceptable. Fundamental reforms are needed to ensure justice for the rule of law and the separation of powers.
The controversy surrounding SPD's Federal Constitutional Court candidate, Frauke Brosius-Gersdorf, has sparked a broader discussion in policy-and-legislation and general-news about the politicization and stability of the judicial appointment system. Critics are advocating for systemic reforms to reduce partisan blockades, increase nomination transparency, and safeguard the court's independence and democratic legitimacy.
Stephan Brandner, deputy federal spokesman for the AfD, has critically commented on Brosius-Gersdorf's withdrawal, arguing that the SPD's other candidate, Kaufhold, should also not become a judge at the Federal Constitutional Court. This ongoing debate in politics underscores the need for fundamental reforms to ensure justice for the rule of law and the separation of powers.
