Nominated by the social democratic party SPD but also backed by Chancellor Merz’s ’center-right’ CDU, 54-year-old law professor Frauke Brosius-Gersdorf is tapped to later this month become one of the two new members of Germany’s highest judicial body, the Federal Constitutional Court.

Brosius-Gersdorf has made headlines with radical statements over the years, but she’s caused the biggest stir by openly advocating for banning the right-wing populist AfD, Germany’s largest opposition party, which stands a close second in the opinion polls, just a few points below the ruling CDU.

During a talk show in July last year, the professor not only argued that Germany’s “defensive democracy” must find “safeguards against anti-constitutional parties”—meaning explore the idea of banning AfD—but even expressed regret that such a solution would “not eliminate its following” as well.

Taken aback by the comment, the host asked her to clarify if she wanted to “eliminate” people. “Of course not,” she replied, but quickly added that “We have the possibility of depriving individuals of fundamental rights,” including the right to stand for elections in the future.

Since there are only three candidates nominated for the two vacancies, and she was nominated by a governing party, it’s almost guaranteed that she will get the job. And even though most constitutional lawyers see banning the AfD as legally unfeasible, Brosius-Gersdorf’s election will mean the political establishment is one step closer to that goal.

Brosius-Gersdorf’s attitude toward fundamental rights also shone through during the COVID pandemic, when she became one of the biggest advocates of mandatory vaccination in Germany, arguing that the federal state had a “constitutional obligation” to force people to take the jab.

“It is the state’s responsibility to effectively protect the vast majority of the population, who are voluntarily vaccinated, from having their health … continually threatened by the unvaccinated,” she said back in 2021.

The incoming judge also wants to change the Constitution to make it linguistically “gender appropriate.” Brosius-Gersdorf argued that using a generic masculine as standard for all genders in the basic law leads to “a mental underrepresentation of women,” and the state is obliged to “choose a form of expression that does justice to the fundamental rights of women and people of different sexes and the constitution.”

Brosius-Gersdorf also criticized the Islamic headscarf ban for law trainees and challenged previous rulings from the Constitutional Court by arguing that ‘human dignity’ should not be legally granted to fetuses before birth.

In order to be elected, Brosius-Gersdorf needs a two-thirds majority approval in the Bundestag, meaning the support of both ruling parties and most of the Greens and Left MPs as well. But since her positions are quite popular among left-wing parties, the only chance to block her election would be if a good portion of CDU members break ranks, which is also unlikely, as the party made a pact with the SPD to support its candidate in exchange for the socialist support for theirs to fill the other vacancy.

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