Lula makes a highly political Supreme Court nomination

President Luiz Inácio Lula da Silva on Monday nominated Flávio Dino, his justice minister, to fill a vacancy in the Supreme Court. The choice for a moderate politician for the court comes as the Judiciary and Legislative branches of government have been on a collision course with each other.

A former federal judge turned politician, Mr. Dino served as a House member and was a two-term governor for his home state of Maranhão. In 2022, he was elected to a Senate seat (although he never took office as a senator, as Lula made him justice minister).

Mr. Dino has been one of the highest-profile members of the Lula administration — frequently clashing with members of the right-wing opposition in congressional hearings.

“President Lula honors me immensely with his appointment as a Supreme Court justice,” Mr. Dino wrote on X. “I would like to thank him for this further proof of professional recognition and confidence in my dedication to our nation. From now on, I will seek the honorable support of my fellow senators. I am grateful for the prayers and expressions of affection and solidarity.”

The nomination seeks to fill the seat on the court created by the retirement of former Chief Justice Rosa Weber, who in October turned 75, the mandatory retirement age.

In selecting Mr. Dino, a man with legal and political bona fides, Lula seeks to add another ally to the 11-seat court — and all but confirms a process in which the Supreme Court has become increasingly political. 

The Supreme Court has made highly consequential decisions in investigations against misinformation, in anti-corruption cases, and on culture war issues. Its critics consider these rulings akin to “judicial activism,” while its supporters say the Supreme Court has stepped into issues that Congress neglected for years.

“Flávio Dino is, at the same time, an asset and...