At this point, my guess is that this has 3 votes towards happening.
Who is the 3rd Justice? (I assume Thomas and Alito are the first two)
Kavanaugh, because he dissented in Bostock?
His Bostock dissent was about as woke as one could be while dissenting, he both praised the advancements the LGBT community had made and implied that he sympathized with the outcome of the decision, he simply stated that he believed that establishing those anti-discrimination protections was the job of Congress, not the courts.