Germany's high court gives the thumbs up

Were Germany's highest judges too easy on the government?

Dear Reader,

On Tuesday, the Verfassungsgericht - Germany’s supreme court - gave its first full ruling on the constitutionality of lockdowns - specifically on the Notbremse lockdown which was enacted in April of this year.

This ruling marks a key milestone in the pandemic. The Verfassungsgericht, located in the town of Karlsruhe, is a central organ of the German Rechtsstaat. It was established after the Second World War with the role of protecting citizens’ constitutionally enshrined freedoms against overweening governments.

If the Verfassungsgericht had decided that parts of the Notbremse law were unconstitutional, it would have blotted Angela Merkel’s copybook a week before she hands over the keys to the Chancellery. More significantly, it would have established clear red lines for any new lockdown this winter.

On the other hand, a ruling that gave the Notbremse the thumbs up would give the next government a free hand to impose curfews and other contested measures aimed at reducing cont…