trendstorm
Aug 18, 2026

Senate Pulls It Off with 49-46 Vote — Trump Can’t Believe It...

The Senate confirmed former Ohio Solicitor General Benjamin M. Flowers to a lifetime seat on the U.S. Court of Appeals for the Sixth Circuit, giving President Donald Trump another appellate-court appointment during his second term.

Senators approved Flowers on July 22 by a 49-46 vote. All 49 senators who voted for the nomination were Republicans, while Democrats and the independents who voted opposed it. Five senators did not vote.

Flowers will fill the seat being vacated by Judge Jeffrey S. Sutton, who is retiring. The Sixth Circuit hears federal appeals from Ohio, Michigan, Kentucky and Tennessee.

Trump formally sent Flowers' nomination to the Senate on April 27. The Senate Judiciary Committee held his confirmation hearing on May 20.

Flowers is a partner at Ashbrook Byrne Kresge Flowers LLC and previously served as Ohio's 10th solicitor general from 2019 to 2023, representing the state in major appellate cases.

A graduate of The Ohio State University and the University of Chicago Law School, Flowers clerked for Judge Sandra Ikuta of the U.S. Court of Appeals for the Ninth Circuit and later for Supreme Court Justice Antonin Scalia.

He also worked at Jones Day before becoming Ohio solicitor general and argued several cases before the U.S. Supreme Court.

Among his best-known cases was the 2022 challenge to the Occupational Safety and Health Administration's COVID-19 vaccination-or-testing requirement for large employers. Flowers argued for a group of states seeking to block the rule, and the Supreme Court ultimately stayed the mandate.

Flowers' confirmation hearing became contentious when Democratic senators questioned him about the 2020 presidential election and other politically sensitive issues.

Sen. Richard Blumenthal, D-Conn., asked Flowers who won the 2020 election. Flowers responded that it would be inappropriate for him as a judicial nominee to comment on election outcomes beyond stating that, legally, Joe Biden was certified as president.

Other posts