Columbus attorney Ben Flowers is on the verge of a major promotion. On Thursday he was tapped for a seat on the U.S. Court of Appeals for the Sixth Circuit, a nomination that could put the Ohio-born litigator on the appellate bench in Cincinnati. The opening comes from a rare vacancy at the court, as Chief Judge Jeffrey Sutton plans to step back this fall and leave a spot for a successor if the Senate signs off.
Trump announced the nomination on social media, according to Cleveland.com. If confirmed by the U.S. Senate, Bloomberg Law reports, Flowers would become another of the president’s appointees on the Cincinnati-based appeals court.
Flowers is a partner at Ashbrook Byrne Kresge Flowers LLC and previously served as Ohio’s tenth solicitor general, where he led a multi-state challenge to the federal OSHA vaccine mandate that reached the Supreme Court. He has argued before the high court and prevailed in en banc proceedings at the Sixth Circuit while representing the state, according to his profile at the Federalist Society.
He clerked for Justice Antonin Scalia and for Judge Sandra Ikuta of the Ninth Circuit and holds degrees from The Ohio State University and the University of Chicago Law School, Cleveland.com reports. The local outlet adds that Flowers lives in Upper Arlington with his wife Denise and their three children and that he was classmates at Ohio State with Vice President J.D. Vance.
The Seat And The Sixth Circuit
Flowers is nominated to fill the seat that will open when Chief Judge Jeffrey S. Sutton moves to senior status on Oct. 1, a shift Sutton notified the White House of earlier this year, Bloomberg Law reported. The Sixth Circuit covers Ohio, Michigan, Kentucky and Tennessee and is headquartered at the Potter Stewart U.S. Courthouse at 100 East Fifth Street in Cincinnati, according to the Sixth Circuit Court of Appeals.
What Happens Next
The nomination now moves to the U.S. Senate, where the Judiciary Committee typically holds a hearing before the full chamber votes on confirmation. Timelines can stretch or sprint, and senators will pore over Flowers’ record as a state solicitor, his Supreme Court appearances and his private-practice work as they decide whether to advance the nomination.
Why It Matters In Ohio
For Ohio, the pick keeps a high-profile state litigator in the running to help shape federal appeals law across the region, from business regulation to immigration and voting disputes. Flowers’ résumé, which includes service as state solicitor general, work as a Supreme Court advocate and a clerkship with a conservative justice, has already drawn attention from lawyers who regularly appear in the Sixth Circuit and from political observers tracking judicial appointments.
