t the heart of the power to appoint, if it is provided, is the doctrine of qualified appointnent. It's in one of the most beautiful decisions ever rendered by the Supreme Court, when it said "we cannot afford to become a nation of square pegs in round holes." Fortunately, the matter of qualification is not a subjective thing. It is not dicretionary. If there is a set of objective/ empirical criteria in the law, it has to be followed. If an applicant fails the criteria, no amount of legal acrobatics can permit the appointer to bypass the criteria.
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