Pennsylvania Dept. of Corrections v. Yeskey, 524 U.S. 206, 4 (1998)

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Cite as: 524 U. S. 206 (1998)

Opinion of the Court

States and the Federal Government," we will interpret a statute to preserve rather than destroy the States' "substantial sovereign powers." 501 U. S., at 460-461 (citations and internal quotation marks omitted). It may well be that exercising ultimate control over the management of state prisons, like establishing the qualifications of state government officials, is a traditional and essential state function subject to the plain-statement rule of Gregory. "One of the primary functions of government," we have said, "is the preservation of societal order through enforcement of the criminal law, and the maintenance of penal institutions is an essential part of that task." Procunier v. Martinez, 416 U. S. 396, 412 (1974), overruled on other grounds, Thornburgh v. Abbott, 490 U. S. 401, 414 (1989). "It is difficult to imagine an activity in which a State has a stronger interest," Preiser v. Rodriguez, 411 U. S. 475, 491 (1973).

Assuming, without deciding, that the plain-statement rule does govern application of the ADA to the administration of state prisons, we think the requirement of the rule is amply met: the statute's language unmistakably includes State prisons and prisoners within its coverage. The situation here is not comparable to that in Gregory. There, although the ADEA plainly covered state employees, it contained an exception for " 'appointee[s] on the policymaking level' " which made it impossible for us to "conclude that the statute plainly cover[ed] appointed state judges." 501 U. S., at 467. Here, the ADA plainly covers state institutions without any exception that could cast the coverage of prisons into doubt. Title II of the ADA provides:

"Subject to the provisions of this subchapter, no qualified individual with a disability shall, by reason of such disability, be excluded from participation in or be denied the benefits of the services, programs, or activities of a public entity, or be subjected to discrimination by any such entity." 42 U. S. C. § 12132.

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