The postponed election of three constitutional judges
In July 2025 the Bundestag was to elect three judges of the Federal Constitutional Court, each needing a two-thirds majority, which the coalition could only reach with opposition votes. On 8 July Bilger said the Union had no intention of approaching the Left Party or entering talks with it. Resistance then grew inside the CDU/CSU group against the SPD's nominee, the Potsdam law professor Frauke Brosius-Gersdorf.
On 11 July Bilger moved the CDU/CSU motion to take all three judge elections off that day's agenda and gave the reasons in the plenary. According to the Bundestag's report, he said the debate about Brosius-Gersdorf had "zum Teil jedes Maß verloren" ("in part lost all sense of proportion", translation), that the election of judges should not become the subject of a heated political dispute, and that candidates should be beyond professional doubt. The motion passed with the votes of the CDU/CSU, SPD, Greens and Left; the AfD voted against.
In diesen polarisierten Zeiten sollten Personalvorschläge für das Bundesverfassungsgericht nicht zusätzlich polarisieren. Als Unionsfraktion hätten wir die Brisanz früher erkennen müssen.
"In these polarised times, nominations for the Federal Constitutional Court should not polarise further. As the Union group, we should have recognised how explosive this was earlier." (translation)
Steffen Bilger, interview with the Stuttgarter Zeitung, 24 July 2025
In the same interview he called the episode "definitiv eine Belastung für die Koalition" ("definitely a burden on the coalition"), said "Wir als Union hätten anders agieren müssen" ("We as the Union should have acted differently") and that the coalition had not managed to find a solution capable of winning a majority before the vote. He rejected the idea that the chair alone was to blame: the decisions had been taken by the group leadership as a whole. Two days later the same paper quoted him as saying the accusations against Jens Spahn were "not fair".
Brosius-Gersdorf later withdrew. On 25 September 2025 the Bundestag elected Sigrid Emmenegger, Ann-Katrin Kaufhold and Günter Spinner at the second attempt. As a member of the Wahlausschuss, Bilger belonged to the committee that proposes such candidates; how individual members voted there is not public.