[Congressional Record Volume 172, Number 121 (Thursday, July 23, 2026)]
[Senate]
[Page S4258]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                   NOMINATION OF BENJAMIN M. FLOWERS

  Mr. 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.

                          ____________________