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No need. There are already plenty of them that track the S&P — which notably decided NOT to change its rules.

Feel like many of these articles were either prewritten, lazy, or have intentionally omitted the non-impact that S&P opting to not change its rules has had, just so the headline and lede could be as sensational as possible.

Can they? Yes, anyone can.

Will they... that's a different question

And even if there are new ETFs like this, will ETF customers bother to move at enough scale. It's like the old quote for buying IBM, no one get's fired for returning the benchmark, so if it's the benchmark adjusting the way they do things there is lots of inertia.

Index licensing might be an issue.