Why don't mining pools have a backup block template filled with lower paying transactions ready to counter a stale block?
I assume you mean an empty block.
The biggest challenge with that would be that the miners would still need to verify that none of the transactions from their staged template already got included. It’s easier to just shoot of an empty block template immediately as a new work instruction and then to start following up a fraction of a second later with some actual templates. Altogether, empty blocks have become pretty infrequent, so I’m not sure another approach would be worth the investment.
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