408
Syllabus
tions, is an ever-advancing science, whose distinctions do not seek precisely to mirror those of the law. Consequently, the Court has sought to provide constitutional guidance in this area by proceeding deliberately and contextually, elaborating generally stated constitutional standards and objectives as specific circumstances require, the approach embodied in Hendricks. That Hendricks limited its discussion to volitional disabilities is not surprising, as the case involved pedophilia— a mental abnormality involving what a lay person might describe as a lack of control. But when considering civil commitment, the Court has not ordinarily distinguished for constitutional purposes between volitional, emotional, and cognitive impairments. See, e. g., Jones v. United States, 463 U. S. 354. The Court in Hendricks had no occasion to consider whether confinement based solely on "emotional" abnormality would be constitutional, and has no occasion to do so here. Pp. 410-415.
269 Kan. 578, 7 P. 3d 285, vacated and remanded.
Breyer, J., delivered the opinion of the Court, in which Rehnquist, C. J., and Stevens, O'Connor, Kennedy, Souter, and Ginsburg, JJ., joined. Scalia, J., filed a dissenting opinion, in which Thomas, J., joined, post, p. 415.
Carla J. Stovall, Attorney General of Kansas, argued the cause for petitioner. With her on the briefs was Stephen R. McAllister, State Solicitor.
John C. Donham argued the cause and filed a brief for respondent.*
*Briefs of amici curiae urging reversal were filed for the State of Illinois et al. by James E. Ryan, Attorney General of Illinois, Joel D. Bertocchi, Solicitor General, and William L. Browers, Lisa Anne Hoffman, and Margaret M. O'Connell, Assistant Attorneys General, and by the Attorneys General for their respective States as follows: Bill Pryor of Alabama, Janet Napolitano of Arizona, Bill Lockyer of California, M. Jane Brady of Delaware, Robert A. Butterworth of Florida, Thomas J. Miller of Iowa, J. Joseph Curran, Jr., of Maryland, Thomas F. Reilly of Massachusetts, Mike Moore of Mississippi, Jeremiah W. (Jay) Nixon of Missouri, Don Stenberg of Nebraska, John J. Farmer, Jr., of New Jersey, Wayne Stenehjem of North Dakota, W. A. Drew Edmondson of Oklahoma, D. Michael Fisher of Pennsylvania, Charles M. Condon of South Carolina, Christine O. Gregoire of Washington, and James E. Doyle of Wisconsin; for the Association for the Treatment of Sexual Abusers by John J. Sulli-
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