“This decision might as well be written on the dissolving paper sold in magic shops,” Alito wrote. “The City has been adamant about pressuring CSS to give in, and if the City wants to get around today’s decision, it can simply eliminate the never-used exemption power.”
That would only be a temporary win for the City if they try.
Barrett and Kavanaugh want to get rid of Smith as well. They just weren’t sure how to replace it.
So Barrett, Kavanaugh, Gorsuch, Thomas and Alito would strike down Smith in a case with different facts. (Baker or photographer come to mind.)