Cite as: 534 U. S. 407 (2002)
Scalia, J., dissenting
within the range of disorders covered by the SVPA, "cit[ing] the increasing frequency of incidents involving [respondent], increasing intensity of the incidents, [respondent's] increasing disregard for the rights of others, and his increasing daring and aggressiveness." In re Crane, 269 Kan. 578, 579, 7 P. 3d 285, 287 (2000). Another psychologist testified that respondent's behavior was marked by "impulsivity or failure to plan ahead," indicating his unlawfulness "was a combination of willful and uncontrollable behavior," id., at 584- 585, 7 P. 3d, at 290. The State's experts agreed, however, that " '[r]espondent's mental disorder does not impair his volitional control to the degree he cannot control his dangerous behavior.' " Id., at 581, 7 P. 3d, at 288.
Respondent moved for summary judgment, arguing that for his detention to comport with substantive due process the State was required to prove not merely what the statute requires—that by reason of his mental disorder he is "likely to engage in repeat acts of sexual violence"—but also that he is unable to control his violent behavior. The trial court denied this motion, and instructed the jury pursuant to the terms of the statute. Id., at 581, 7 P. 3d, at 287-288. The jury found, beyond a reasonable doubt, that respondent was a sexual predator as defined by the SVPA. The Kansas Supreme Court reversed, holding the SVPA unconstitutional as applied to someone, like respondent, who has only an emotional or personality disorder within the meaning of the Act, rather than a volitional impairment. For such a person, it held, the State must show not merely a likelihood that the defendant would engage in repeat acts of sexual violence, but also an inability to control violent behavior. It based this holding solely on our decision in Kansas v. Hendricks, 521 U. S. 346 (1997).
II
Hendricks also involved the SVPA, and, as in this case, the Kansas Supreme Court had found that the SVPA swept too broadly. On the basis of considerable evidence show-
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