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McCleskey v. Kemp

481 U.S. 279 · Decided April 22, 1987 · Supreme Court of the United States

Record summary. This page is generated from the Supreme Court Database’s coded data about the case. It describes who decided what, not the Court’s reasoning. Read the opinion itself before relying on it. Not legal advice.

At a glance

McCleskey v. Kemp was decided on April 22, 1987 by a vote of 5–4. The Court affirmed the lower court's decision. Justice Lewis F. Powell Jr. wrote the opinion of the Court. SCDB classifies its main issue as “Cruel and unusual punishment, death penalty” in the Criminal Procedure area.

Read the opinion

Case details

Citations
481 U.S. 279 · 107 S. Ct. 1756 · 95 L. Ed. 2d 262 · 1987 U.S. LEXIS 1817
Docket number
84-6811
Decided
April 22, 1987
Argued
October 15, 1986
Decision type
Opinion of the Court (orally argued)
Disposition
Affirmed
Outcome for petitioner
The petitioning party did not receive a favorable disposition
Vote
5–4
Majority opinion
Lewis F. Powell Jr.
Opinion assigned by
William H. Rehnquist
How the case arrived
Certiorari
Legal provision
Fourteenth Amendment (equal protection)
Type of law
Constitutional amendment
Decision direction (SCDB)
Conservative what this means

How the Justices voted

JusticeVoteSeparate writing
Justice William J. Brennan Jr.DissentWrote an opinion
Justice Byron R. WhiteMajority
Justice Thurgood MarshallDissent
Justice Harry A. BlackmunDissentWrote an opinion
Justice Lewis F. Powell Jr.MajorityWrote an opinion
Chief Justice William H. RehnquistMajority
Justice John Paul StevensDissentWrote an opinion
Justice Sandra Day O'ConnorMajority
Justice Antonin ScaliaMajority

Full case caption

McCleskey v. Kemp, Superintendent, Georgia Diagnostic and Classification Center

SCDB identifiers: case 1986-080, docket 1986-080-01.

Other cases on “Cruel and unusual punishment, death penalty”

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Cases on the same legal provision: Fourteenth Amendment (equal protection)

Same Term, same area (Criminal Procedure)

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Source: Supreme Court Database, 2026 Release 01 (data file dated September 8, 2026). Imported into CaseTrail November 5, 2026. Coverage: decisions from the 1946 through 2025 Terms. Methodology · Report an error