Merz’s conservative bloc refused to support Frauke Brosius-Gersdorf, a judge nominated by his coalition partners, the SPD, citing a fresh accusation that she plagiarized her doctoral dissertation in 1997. Left-wing politicians say the plagiarism accusation is spurious, and the real reason for conservative opposition to the judge is her relatively progressive stance on abortion.
A parliamentary vote on Brosius-Gersdorf’s appointment, planned for Friday, was postponed after conservatives asked the SPD to withdraw the judge from consideration. SPD politicians reacted with outrage.
“We are witnessing how a highly qualified candidate with an impeccable career and broad professional recognition is the victim of a smear campaign that is unfounded,” Wiese, the SPD lawmaker, said.
Six conservative politicians, speaking on condition of anonymity this week, told POLITICO they were among two or three dozen lawmakers that planned to oppose Brosius-Gersdorf because of her views on abortion. Leading figures in Merz’s conservative bloc attempted to convince these lawmakers to drop their opposition in recent days, but failed, according to the parliamentarians.
The conflict underscores not only emerging divides inside the coalition, but its relative fragility given the government’s weak parliamentary majority and the rise of radical parties. The popularity of far-right Alternative for Germany (AfD), now the second-biggest party in Germany’s Bundestag, means Merz’s centrist coalition controls only 52 percent of parliamentary seats, making it particularly vulnerable to even small disputes and defections within the rank-and-file.
Because the appointment of constitutional court judges requires a two-thirds parliamentary majority in a secret ballot, it also means the coalition needs to rely on votes from the AfD or The Left, a far-left party popular among many young voters, to appoint new judges to the top court.