What would happen in the event all 9 supreme court justices died at once? What would be the protocol to replace them? Would there still be 9 or would it drop back to 6 like the original supreme court?
In 1937, FDR showed utter contempt for the Constitution and threatened all nine Justices with removal if they failed to vacate the Commerce Clause of the Constitution. Regardless of separation of powers built into the Constitution, the Justices caved in 1942. War shocked Americans were silent.
If all justices failed to serve at once, it would be by design, and you can bet that whoever engineered it would have their own list ready for immediate confirmation. Dirty politics is as certain as humanity. And today's headlines prove that American apathy is even worse today.