Eugene Volokh takes Dahlia Lithwick to task for suggesting that the justices’ annoyance with the disabled explains their rulings on sovereign immunity. If they cared about the disabled as they care about black people, they would allow the disabled to sue states for discrimination in federal court. I think Volokh is right here. But the state of the Court’s 11th-and-14th-amendments jurisprudence provides an opening to Lithwick. The distinction between, on the one hand, discrimination against blacks and women and, on the other, discrimination against the elderly and the disabled, does look contrived, arbitrary, and even political rather than principled. That doesn’t mean the justices hate the disabled or, of all groups, the elderly. But I can see why people would jump to that conclusion.