They already did that with the 3DS onwards.
For example, if you had a flash card in your 3DS and a new firmware update detected it Nintendo would happily brick the 3DS:
https://www.digitaltrends.com/gaming/nintendo-3ds-can-be-rem...
For example, if you had a flash card in your 3DS and a new firmware update detected it Nintendo would happily brick the 3DS:
https://www.digitaltrends.com/gaming/nintendo-3ds-can-be-rem...