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Three justices—Clarence Thomas, Samuel Alito, and Amy Coney Barrett—wanted the court to issue a broad declaration that discrimination against transgender people is not inherently suspect under the Constitution’s equal protection clause.

Let’s start with the concurrence by Justice Amy Coney Barrett, who has been hailed in the press as a centrist moderate, or maybe a conservative with a heart of gold.

But Barrett, in her concurrence, says that even if a law does clearly and undeniably discriminate on the basis of transgender status, then it still wouldn’t trigger heightened scrutiny, because discrimination against transgender people isn’t inherently suspect.

But Barrett says transgender status should not be one of those traits.

Justice Sonia Sotomayor takes on Barrett’s argument directly in her dissent.