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Johnson needs to read Andy McCarthy's article:

3. The President Not Entitled to His Choice of Subordinates

There is a prudential guideline that, in the absence of disqualifying circumstances, the Senate should defer to the president’s choice of high executive-branch officials. There is a sound rationale for this guideline: Under the Constitution, all executive power is vested in the president. It is his power and his subordinates wield it only at his pleasure — even if they have been confirmed by the Senate. A prudential guideline is not, however, a legal rule, much less a constitutional obligation. If a senator treated this prudential guideline as if it were a requirement, this would effectively nullify the Constitution’s advice-and-consent mandate that the Senate provide meaningful review of the president’s nominees — thus violating the senator’s oath to uphold the Constitution.

A president who is violating the Constitution is not owed any deference, much less deference in the selection of a nominee to help him violate the Constitution. A president is not entitled to deference for a nominee who is disqualified — as is a nominee who testifies that, if confirmed, she will undermine the Constitution. Finally, the Senate’s power to veto nominations is not just a check on the nominee. It is a check on the executive branch. If a president is violating the Constitution, a senator who has taken an oath to support the Constitution has an obligation to use the power over confirmations to pressure the president to comply with the Constitution. Consequently, President Obama is not entitled to deference, because he is violating the Constitution; and his nominee is not entitled to deference, because she has announced that she will violate the Constitution. Under those circumstances, a senator who rationalizes voting to confirm the nominee on the ground that the president is entitled to his preferred nominee is undermining the Constitution’s advice-and-consent requirement, as well as violating the senator’s oath to uphold the Constitution.