Looks like Python 3.9 on macOS is still failing because pyobjc-framework-Metal 12.0 doesn't provide Python 3.9 wheels. So it ends up trying to build from sdist.
pyobjc (transitive dependency of jaraco.path) could be pinned to < 12 on darwin on Python 3.9. Or if it's possible to tell tox to not use sdist (akin to https://pip.pypa.io/en/stable/cli/pip_download/#cmdoption-prefer-binary or https://docs.astral.sh/uv/pip/compatibility/#-only-binary-enforcement )
Originally posted by @Avasam in #5104 (comment)
Ref: ronaldoussoren/pyobjc#661