Roberts Court Hears Its First Case in Federalism Debate - New York Times

The case involves a Georgia inmate, Tony Goodman, a paraplegic who has been in prison since 1995, when he was convicted of aggravated assault, possession of a weapon and intent to distribute cocaine...The federal district court and the United States Court of Appeals for the 11th Circuit, both in Atlanta, dismissed it, saying the state was immune under the 11th Amendment from a suit for damages under the disabilities law. The federal government entered the case at the appeals court stage to defend the constitutionality of the statute...Gregory A. Castanias, a Washington lawyer arguing for Georgia, said the inmate's claims in this case went well beyond constitutional requirements. Several justices then suggested that the law might be interpreted to apply only to constitutional violations. Justice Scalia asked, "To the extent that it includes constitutional violations, why isn't that lawsuit perfectly O.K.?" Coming from Justice Scalia, a strong ally of the states in this line of cases, the question was a surprise, and Mr. Castanias was taken aback. He asked for a moment to think of an answer. Then he said it would "not be congruent with the Constitution" for Congress to place disabled inmates in a privileged position to "assert rights that apply to all."

Privileged position?

Roberts Court Hears Its First Case in Federalism Debate - New York Times