The only thing I know of that operates somewhat like you are asking is Unbound itself, when it is not the server doing the root/tld lookups. One can configure Unbound with a series of Upstream DoT servers and it can retry each of them and cache which ones answered, answered fastest, so if the upstream just refused to answer that would cause it to move to another upstream resolver and eventually retry the one that refused but once it gets another refusal it would avoid that one again for some time. Clunky but it would sortof work.

Beyond that I think you are asking for behavioral and RFC changes to everyone's workstations, cell phones, tablets, TV's, and DNS resolvers.

Yes, I use Unbound :)

It’s configured exactly like I mentioned: it tries a couple of resolvers, and if they all fail, tries authoritative servers starting from the root. That last part, missing from your suggested configuration, is the key: it’s what ensures courts have to actually go after the parties responsible for the domain, and not just random DNS resolvers.

> Beyond that I think you are asking for behavioral and RFC changes to everyone's workstations, cell phones, tablets, TV's, and DNS resolvers.

We did it once for DoH/DoT, we could do it again.