Benjamin M. Flowers
Benjamin M. Flowers (“Ben”) is an accomplished litigator with experience briefing, arguing, and winning high-stakes cases in courts throughout the country. Ben grew up watching his father build a small business. He fights for clients as though he were fighting for his own family business.
Before joining Ashbrook Byrne Kresge LLC, Ben served as Ohio’s Tenth Solicitor General. In that role, he represented the State of Ohio in the Supreme Court of the United States, the Supreme Court of Ohio, and the United States Courts of Appeals for the Sixth Circuit (where he is a perfect 3-0 before the en banc court).
Ben has been described as “quick as lightning, engaging jurists’ questions quickly and thoroughly” at oral argument. His written product is similarly recognized as being among the very best; both the National Association of Attorneys General and the Ohio State Bar Association issued best-brief awards to Ben for his briefs in the Supreme Court of the United States and the Supreme Court of Ohio.
Ben’s noteworthy cases include:
Ben led a multi-state coalition that persuaded the Supreme Court of the United States to strike down the federal vaccine mandate.
Ben obtained Supreme Court reversal of a Sixth Circuit decision ordering Ohio to transport a convicted murderer to the Wexner Medical Center for a medically unnecessary and legally unjustified brain scan.
Ben convinced the Ninth Circuit to find that a California regulatory provision violated the United States Constitution.
Before the en banc Sixth Circuit, Ben secured a first-in-the-nation decision upholding Ohio’s law banning Down-syndrome-selective abortions.
Ben successfully defended a major tax reform, designed to help businesses more easily fulfill their state tax obligations, before the Supreme Court of Ohio.
Ben secured a nationally significant ruling, in the Supreme Court of Ohio, regarding States’ authority to punish the pollution of their wetlands without violating federal law.
Ben prevailed before the Supreme Court of Ohio in his constitutional defense of a major education-reform bill.
Ohio’s Tenth District Court of Appeals unanimously agreed with Ben’s argument that a trial court erred by preliminarily enjoining, under the Home Rule Amendment, a law protecting the uniformity of gun laws throughout the State.
After a district court refused to enjoin a significant federal regulatory program, Ben obtained a reversal in the Sixth Circuit.
In addition to numerous wins across the spectrum of government regulation, Ben spent years at one of the world’s largest law firms maintaining a diverse civil practice before trial and appellate courts.
Ben is a proud graduate of The Ohio State University. He earned his law degree at the University of Chicago Law School. Following law school, Ben clerked for Judge Sandra Ikuta of the U.S. Court of Appeals for the Ninth Circuit and for Justice Antonin Scalia of the Supreme Court of the United States. Ben and his wife Denise live in Upper Arlington, Ohio with their three very active children.
Ben is admitted to practice in Ohio, Illinois, the Supreme Court of the United States, and every federal circuit court of appeals.
Contact Information
● National Federation of Independent Business v. Department of Labor – Ben led a multi-state coalition that persuaded the Supreme Court of the United States to strike down the federal vaccine mandate.
● Twford v. Shoop – Ben obtained Supreme Court reversal of a Sixth Circuit decision ordering Ohio to transport a convicted murderer to the Wexner Medical Center for a medically unnecessary and legally unjustified brain scan.
● Nationwide Biweekly Administration v. Owen – Ben convinced the Ninth Circuit to find that a California regulatory provision violated the United States Constitution.
● Preterm-Cleveland v. McCloud – Before the en banc Sixth Circuit, Ben secured a first-in-the-nation decision upholding Ohio’s law banning Down-syndrome-selective abortions.
● Athens v. McClain – Ben successfully defended a major tax reform, designed to help businesses more easily fulfill their state tax obligations, before the Supreme Court of Ohio.
● State ex rel. Yost v. Rover Pipeline – Ben secured a nationally significant ruling, in the Supreme Court of Ohio, regarding States’ authority to punish the pollution of their wetlands without violating federal law.
● Youngstown City School District Board of Education v. State – Ben prevailed before the Supreme Court of Ohio in his constitutional defense of a major education-reform bill.
● City of Columbus v. State – Ohio’s Tenth District Court of Appeals unanimously agreed with Ben’s argument that a trial court erred by preliminarily enjoining, under the Home Rule Amendment, a law protecting the uniformity of gun laws throughout the State.
