because legitimate government is based on the consent of the governed? Supreme Court justices are picked by popularly elected Senators.
It's not even direct democracy, its a representative democracy. Except in the case of the presidency we're not even allowed to directly pick our representative in the executive branch.
Senators were legitimized through popular elections since before the whole body was appointed via backroom deals with state legislatures, and have been popularly elected for over 100 years.
It's not even direct democracy, its a representative democracy. Except in the case of the presidency we're not even allowed to directly pick our representative in the executive branch.