The Popular Vote is the unadulterated will of The Whole People, hence, only a POTUS winning The Popular Vote can make a Supreme Court appointment.
"Hamilton had written that through the practice of judicial review the Court ensured that the will of the whole people, as expressed in their Constitution, would be supreme over the will of a legislature, whose statutes might express only the temporary will of part of the people." *Supreme Court of the United States October 27, 2016 | Version 2014.2



