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Congressional Daily Record
This section covers nominations, confirmations, or other executive branch business. It mentions members such as Richard Joseph Durbin.
Official title: NOMINATION OF BENJAMIN M. FLOWERS
Issued
July 23, 2026
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Download official Senate Record PDFReturn to issue contextMr. DURBIN. Mr. President, yesterday, the Senate voted to confirm Benjamin Flowers to the U.S. Court of Appeals for the Sixth Circuit.
Mr. Flowers' record in both government service and private practice reflects his MAGA extremist agenda. He has given us no reason to think he will stop pursuing this agenda once he is on the Federal bench.
During his time as Ohio solicitor general, Mr. Flowers defended Ohio's severe restrictions on a woman's right to choose. Kowtowing to corporate interests, he defended a cap on damages for a victim of child sex abuse.
Mr. Flowers is an election denier. In November 2020, he authored a Supreme Court amicus brief asking the Court to reverse the Pennsylvania Supreme Court's decision that allowed for the counting of absentee ballots received after election day.
Mr. Flowers is currently a partner at a rightwing law firm that he claims can “grow up with the conservative legal movement” following President Trump's election. He has argued against birthright citizenship, demeaned LGBTQ Americans, and claimed that efforts to lower the costs of prescription drugs are unconstitutional.
Mr. Flowers's public commentary reveals his lack of judicial temperament. He has been a frequent speaker for the Federalist Society, and his commentary has been extreme even for conservative legal circles. Mr. Flowers has questioned the need for the Trump administration to follow court orders in public remarks and in his testimony before the Senate Judiciary Committee. He has even criticized the landmark bipartisan First Step Act, calling it “terrible policy,” implausibly claiming it is unconstitutional, and arguing that Congress should repeal it.
I opposed Mr. Flowers' nomination. And I urged my colleagues to join me in doing so.