> problem is that the executive appoints the lower court judges
President nominates judges; he doesn’t appoint without the Senate.
Moreover, “the Congress may by Law vest the Appointment of such inferior Officers, as they think proper, in the President alone, in the Courts of Law, or in the Heads of Departments,” a category that includes “Judges of the Supreme Court” [1]. The Congress may, by statute alone, remove the President’s power to appoint SCOTUS justices.
President nominates judges; he doesn’t appoint without the Senate.
Moreover, “the Congress may by Law vest the Appointment of such inferior Officers, as they think proper, in the President alone, in the Courts of Law, or in the Heads of Departments,” a category that includes “Judges of the Supreme Court” [1]. The Congress may, by statute alone, remove the President’s power to appoint SCOTUS justices.
[1] https://en.m.wikipedia.org/wiki/Appointments_Clause