Yes, the constitutional process has been usurped. However, the president can still use the recess appointment for non-lifetime appointments.
He can affect some change.
I would amend the constitution to get rid of lifetime appointment of judges.
Indeed, xzins. The lifetime appointment principle was originally designed to insulate judges from politics. Notwithstanding, the bench has become thoroughly politicized. So it seems lifetime appointment no longer serves its original constitutional purpose.
Still the idea of direct election of federal judges and justices for a term of years seems to go too far in the other direction. Maybe a good compromise position would be presidential appointment for a term of years?
What do you think/recommend?