An analysis of the grave errs embodied in the Supreme Court's McCleskey v. Kemp decision, specifically their curious refusal to accept the Baldus Study, detailing racially discriminatory tendencies in death penalty sentencing, as applicable to an individual convicted and sentenced to the death penalty. Not only does this represent a loss to the validity of social science studies in the Court but, moreover, a weakening of the power of the Fourteenth Amendment such that an unjust system may be proliferated and continue to take lives.