Justice Kavanaugh begins and ends the majority opinion in Flowers v. Mississippi with the same assertion: that the Court “break[s] no new legal ground.” Thirty-five years earlier, the Supreme Court had held in Batson v. Kentucky that a prosecutor’s racially motivated exercise of the peremptory challenge violated the Equal Protection Clause of the Fourteenth Amendment, … Continue reading Flowers for the Arlington Heights Footnote: The Slow Demise of Mixed Motives Analysis