Despite criticism, Brosius-Gersdorf is sticking to his candidacy for the Constitutional Court

Despite criticism, Brosius-Gersdorf is sticking to his candidacy for the Constitutional Court

Frauke Brosius-Gersdorf, the constitutional lawyer nominated by the SPD, is at the center of a storm. Despite strong criticism from the Union, she is sticking with her candidacy for the Federal Constitutional Court. In the ZDF program Markus Lanz she explained that she was prepared to immediately give up her candidacy if the debate about the upcoming judicial election harms the court. “The Federal Constitutional Court must be able to work in peace,” she emphasized, expressing concerns that her nomination could lead to a government crisis. Despite the pressure on her, Brosius-Gersdorf received support from the public: thousands of letters encouraged her to remain steadfast.

However, the public response is not only positive. The lawyer reported threats and suspicious mail that prompted her to ask her colleagues not to come to her chair again. The pressure on Brosius-Gersdorf comes primarily from the Union, which increasingly referred to her support due to allegations regarding her doctoral thesis and her stance on abortion. This led to the election of new judges for the Federal Constitutional Court being removed from the Bundestag's agenda at short notice daily news reported.

The dispute over the doctoral thesis and abortion

The core of the dispute are allegations that point to parallels between Brosius-Gersdorf's dissertation from 1997 and her husband's habilitation thesis from 2000. The plagiarism checker Stefan Weber found 23 suspected cases of collusion and source plagiarism, but corrected the perception that he had not made any allegations of plagiarism against Brosius-Gersdorf. Nevertheless, the Union faction is calling for the constitutional lawyer's nomination to be reconsidered.

Brosius-Gersdorf also made it clear that she had never advocated for the legalization or impunity of abortion until birth. Her positions on abortion are reflected in the fact that she supports a legal regulation for early pregnancy terminations, which is currently unpunished but illegal. The current abortion law in Germany, which is regulated, among other things, by Section 218 of the Criminal Code, has been the focus of social and political debates such as the one for decades Federal Agency for Civic Education underlined.

Opinions about abortion rights are polarized. While the pro-choice movement advocates for women's rights, the pro-life movement stands by its positions. The last major attempt at reform failed at the Federal Constitutional Court in 1993 after a time limit for impunity-free abortions in the first three months was overturned. The pressure of political cultures and public image still play a decisive role in the debate about abortion.

Social response and support

Despite the critical situation, Brosius-Gersdorf receives support from around 300 legal scholars who dismiss the allegations made as unbelievable. In this tense political atmosphere, Ethics Council Chairman Helmut Frister also expressed his concerns about the state of political culture in Germany and its influence on academic freedom. He pointed out that Brosius-Gersdorf's positions can certainly be defended from a legal perspective in the context of life protection.

Brosius-Gersdorf not only faces the challenge of maintaining her candidacy, but also the personal and public attacks that come with it. The ongoing discussions and public perception of her person could have far-reaching consequences for her future. What will ultimately happen next remains uncertain, but it is clear that the debate about the election of constitutional judges and the legal framework for abortion is far from over.