Anything’s possible when the shit hits the fan, but there’s no mechanism under the current constitutional structure that would allow the courts to decide their own makeup.
If someone tried to run for a third term as president, their nomination would be challenged in all 50 states and the federal courts would have little to do with it.
He nominated nine Justices to the Supreme Court, but one of those (Justice Stone, the other other Harlan) was already on the court, put there by President Coolidge. President Roosevelt nominated Associate Justice Stone to Chief Justice. So Roosevelt only put eight guys on the court.
~Max
I expect the states could “challenge” that easily, and I suppose most of them would, without going to any courts, simply by the various Secretaries of State(s) just refusing to put this hypothetical candidate’s name on the ballots in their states.