All political groups are allowed to send volunteer members to the Constitutional Court, including the AfD. However, the state parliament cannot vote individually, only in a block on the entire list. The government factions want to go through with the process like this.
The Bavarian government factions CSU and Free Voters are expected to wave constitutional judges through on the AfD’s proposal. This Wednesday, the state parliament will elect 15 honorary members of the Constitutional Court, including deputies. They complement the professional judges as a reflection of the party-political balance of power in the state parliament; the parliamentary groups are entitled to present candidates depending on their strength. The plan is to vote in a block, i.e. on a list with all candidates nominated by all factions. This election was actually supposed to take place in mid-December. However, it was postponed after debates about sending the AfD candidates to the court. Even if it was officially said at the time: due to time constraints.