Yes, indeed, he was nominated by the President but this nomination must be confirmed by the Senate, and the Republicans had the POWER to prevent this nomination from being confirmed. They chose not to. Yes, elections have consequences. Too many Republicans showed themselves unworthy of out support. Too many voted to let the guy advance to the office simply out of personal friendship, or because they share his opinions, or maybe out of fear for their own re-election. They maybe want, desperately, to be IN, and therefore they do what they have to to stay IN.