How is an elected official choosing not fill one of N vacancies while they're in power (mind you, they won the following election) remotely comparable to just changing the value of N because you were unhappy with how elected officials played the game up until that point?
Even RBG found this line of thinking to be nonsense and dangerous: https://www.npr.org/2019/07/24/744633713/justice-ginsburg-i-...