Ben Flowers
@BenFlowersOH
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The Tenth Solicitor General of Ohio, now a partner at Ashbrook Byrne Kresge. The views expressed and errors made are all my own.
Upper Arlington, OH
Joined January 2011
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Justice Sotomayor requested this response. (See screenshot.) To suggest she did so out of racial animus is absurd. One might even call this smearing of the Court “misinformation.”
Look how quickly courts can move when it’s the pressing issue of “reducing the number of black people at West Point”
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The cheerleading of the murder of innocents from some quarters of the learned professions, and from higher education, reminded me of Scalia’s speech on the Holocaust.
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It’s neat that the Enquirer and Dispatch sometimes use a photo of me arguing for a stock SCOHIO pic. The downside it it gets used under headlines like this
Weird News: Ohio Supreme Court suspends attorney for pooping in a Pringles can and dropping it in the parking lot of a crime-victims advocacy center.
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“… you will have missed the most frightening aspect of it all, if you do not appreciate that it happened in one of the most educated, most progressive, most cultured countries in the world.”
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The Supreme Court isn’t corrupt. More lawyers should say so. Here’s my effort. Thanks to
@HarvardJLPP
for publishing.
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We mustn’t forget that “education, intellect, and cultural refinement are of only secondary importance.” Secondary to the cultivation of appreciation for “the existence of absolute, uncompromisable standards of human conduct.”
Where have we gone so wrong?
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Our profession assumes that law schools help prepare students to practice. The sophomoric behavior that many profs exhibit on Twitter, podcasts, etc—the name calling, the refusal to engage with the best opposing arguments, & so on—casts serious doubt on that assumption.
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@AP
publishes misinformation when it labels “misinformation” the claim that Issue 1 would “legalize abortion on demand at any stage of pregnancy.” That statement is objectively true. See pages 10-11 of
@OhioAG
’s analysis
Misinformation targeting a reproductive rights measure on Ohio’s fall ballot is appearing in an unusual place, the official website of the Republican-controlled state Senate.
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Is there any other field in which academics are so disconnected from the profession they’re supposed to train students to enter? Does one find this in nursing, medicine, MBA programs, etc.?
One has to have a pretty strange conception of what “the left” is to believe that “the left is more dominant in Biglaw.”
If “the left” means “to the left of Jones Day,” then fair enoufu. But it takes an awfully skewed view of what “the left” is to think this is generally true.
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I was stunned to learn that it’s controversial to say lawyers shouldn’t be shamed for representing unpopular clients. Apparently it is, which makes this an important event. If you’re in Toledo on August 10th, go see
@jonathanurick
speak to the
@fedsoc
chapter there.
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The reports are true—on Monday, I’ll be stepping down as Ohio Solicitor General.
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I’m genuinely shocked prominent academics think the Stanford dean handled the protest of Judge Duncan less than terribly.
@kewhittington
Keith, you're so influential on these questions, I sincerely hope you'll let your readers know the extent, depth, and sincerity with which she defended precisely the point that I take you to be defending.
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Scalia Law identified and exploited a market inefficiency: other schools don’t want (or don’t want more than 1 or 2) conservative scholars, making it easy to snatch up world-class scholars whose work is actually relevant to modern courtst
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Cold calling is important for other reasons, too. It forces you to prepare, which forces you to learn. And even when you do prepare you may be embarrassed, which is also good because humility and thick skin are important. In law as in life, wimps don’t succeed.
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Today, I had the good fortune to do one of the more rewarding things during my tenure as State Solicitor: I sat in the audience and watched
@JasonManion
, our Karas Fellow, argue his first case before the Ohio Supreme Court. He was fantastic, as expected.
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@espinsegall
Came at you? Did he brandish a weapon? Or did he simply disagree with something you wrote?
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That merely responding to a claim counts as “unleashing Twitter torment” speaks volumes about the current intellectual climate at law schools.
Just great that 2 of Justice Scalia’s relatives have unleashed twitter torment on me. You’d think they would have better things to do. I’m just doing my job here. The man did many awful things and his insulting writing and personal attacks directly led to judges acting badly.
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I spoke to
@jackwindsor
on
@989TheAnswer
about Issue 1, its deceptive wording, and why it would permit abortion up until birth.
Former Ohio Solicitor General
@BenFlowersOH
explains why the statement that Issue 1 would allow abortion all the way up to the moment of birth is true:
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Exactly. In addition to trying (and failing) to suggest there’s something unseemly about teaching at this particular school (not HLS or NYU though) the article implies there’s something mysterious about Scalia Law’s meteoric rise
The real story is that the ideological orientation of the rest of the legal academy has created an opportunity for two especially excellent law schools (Notre Dame and George Mason) to thrive.
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The article seems to suggest that doctors will not in fact provide such services. But even if that were true (a fact they couldn’t know), it’s irrelevant to the question whether doing so would be legal.
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So I’m thrilled to share that, on October 4, I’ll become a partner at Ashbrook Byrne Kresge. I look forward to building a business—one that helps other entrepreneurs pursue and defend their own dreams. We’re going to do great things.
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Jonathan Mitchell, Antonin Scalia Chair of Law at University of Texas has a nice ring to it. That would (maybe) force more engagement and less scoffing
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This is such a childish response to a fair, substantive criticism.
Poor guy wrote two separate incoherent (and factually … flawed) blog posts responding to a single op-ed of mine in less than five hours…
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But responses like this, and the self-congratulatory behavior of pop scholars more generally, establish one thing: state legislatures should consider getting more involved in hiring to, and regulating the composition of, public-law-school faculties
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Congrats to all the new
@UChicagoLaw
grads. You’ll be the best prepared new lawyers in the country. And while I mean that sincerely, I’m typing it mostly as an excuse to share this photo with
@RichardAEpstein
from my graduation.
#uchilawgrad
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Today was my final day as SG. I’m excited to begin at Ashbrook Byrne Kresge. After leaving Rhodes Tower, I drove to Warren County to meet with my new partners. On the way, I spoke with
@eheisig
of Bloomberg Law about my tenure as SG and my new practice
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You can’t seriously believe that Scalia’s taking a firm position in a fun lunch debate is evidence of anything besides the fact that the was a fantastic conversationalist. (He’d have approached very differently the question of what “meat” means in a statutory case.)
Thanks
@slate
for offering readers a "taste" of my new book, Supreme Hubris.
Check out the excerpt here:
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Mine started
@OhioState
“The Road to a Supreme Court Clerkship Starts at Three Ivy League Colleges” featuring work by George, Gulati, and Yoon
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It’s always a pleasure to talk law with
@CincyFedSoc
. Thanks to
@FedSoc
for the invitation and the attendees for the excellent discussion.
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I started a blog focused on the Supreme Court of Ohio, which I’ll update when the spirit moves me. You can find it here
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I had the pleasure of speaking to the
@FedSoc
chapter at
@IUMaurerLaw
today, alongside the legendary Tom Fisher, about the role of state SGs. A lively discussion on a beautiful day in Bloomington.
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You’ve not convinced anyone not already inclined to agree there’s a principled difference between 1) choosing a forum with one judge and 2) choosing a forum made up of all and only judges with materially identical jurisprudential views.
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@JoeDudekJD
Certainly not by taking 5 minutes to lecture the speaker about how students may feel threatened by the presence of a judge whose ideas they find offensive
@jdmortenson
I think the demonstrated best response to these situations in universities is
1) read the disruptive protest policy,
2) remind students that further violation will be sanctioned incl. potential expulsion,
3) allow talk to continue
30 seconds and done
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On May 4 in DC, I’m debating the First Amendment’s relevance to laws governing content moderation on social-media networks. My friend
@jonathanurick
will be on the other side, with Lauren Willard from Covington moderating.
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Why would students taught that legal arguments don’t matter want to be lawyers? Why do those who make these claims waste their lives studying or teaching legal doctrines? Why do so many professors who say this stuff submit amicus briefs? Likely because they know it’s not true
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I dreamed of serving as SG even before I moved back to Ohio. And
@DaveYostOH
made that dream came true when he took a chance on me. Serving as SG has been the greatest honor of my professional life. It’s also been my most enjoyable professional experience. 3 reasons:
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My last tweet is getting some attention, so now’s a good time to share my
@HarvardJLPP
piece about the SCOTUS bar’s duty to defend the Court against smears. Why are so many prominent advocates on “
#AppellateTwitter
” unwilling to do so?
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I’m happy to see the 3rd Circuit kept the 5 PM filing deadline. No one should be waiting until the last minute to file anyway. But senior lawyers often do, which is tough on younger lawyers—who are more likely to have young kids that need (and deserve) attention in the evening.
“Third Circuit Adopts Early Filing Deadline Despite Dissent”: Lydia Wheeler of Bloomberg Law has this report.
The “dissent” mentioned in the headline refers to opposition that the court received from practitioners during the notice and comment period.
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@brianrdhamm
@AP
@OhioAG
Here is the relevant text: “But in no case may such an abortion be prohibited if in the professional judgment of the pregnant patient’s treating physician it is necessary to protect the pregnant patient’s life or health.”
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An impressively packed room for the young lawyers event at the
@FedSoc
Ohio Chapters Conference. It was an honor to appear alongside Judges Murphy and Byrne, and Phil Williamson. Thanks to
@LisaBEzell
and the organizers for letting me tag along.
@FedSoc
Ohio Chapters Conference kicks off with a panel discussion launching our OH young lawyers chapter
#FedSocEvents
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@espinsegall
@AdeleScalia
If you can’t comment on his personal life then you have no basis for calling him a bigot. And if he wasn’t a bigot in his personal life, as those who knew him can attest, then any legal disagreements you have with his opinions are just that.
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And that helps recruit students, because judges are more likely to take clerks recommended by professors whose work they respect
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Thanks to
@UCFedSoc
for hosting us.
We're starting NOW with
@MatthewRByrne
,
@FlowersBenjamin
,
@ppatterson85
, and Philip Williamson.
FedSoc President
@JacobHoback
kicking things off.
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It was honor to speak with the
@OhioYRs
this morning. I always cherish my opportunities to speak about Justice Scalia’s ideas and influence.
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I took Roman Law with
@RichardAEpstein
as a 3L. I did it because I liked every class Professor Epstein taught. But it turned out to be great bar prep (truly). Check it out.
[ENROLL] What can a law student learn from studying the core tenants of Roman Law? In our online course,
@RichardAEpstein
argues that one can learn a great deal. Sign up today & get the latest content delivered straight to your inbox!
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1. I’ve been blessed to work for
@DaveYostOH
. Much like the two judges for whom I clerked—Judge Ikuta and Justice Scalia—AG Yost understands that our country can survive only if we’re ruled by law, not by man. He never wavers. Working for a man of principle made my job easy.
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The experience of the States poses a serious problem for those chicken-littleing over the likely demise of Chevron. At least 10 geographically and politically diverse States have rejected deference by statute, constitutional amendment, or judicial decision.
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And on two of those three occasions, Ohio was among the parties that sought relief. (OSHA, now this.) Congrats again to
@DaveYostOH
After sitting on emergency applications challenging the Biden admin.’s “Good Neighbor” pollution rules for almost two months,
#SCOTUS
… schedules them for oral argument in February.
This will be only the third argument the Court has heard on emergency applications since 1971.
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But the reason for its thriving should be obvious to anyone familiar with the Oakland A’s in the Moneyball era.
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I was honored to speak with
@UChiFedSoc
today about whether and to what extent the 1st Amendment blocks States’ efforts to curb censorship on social media. The cherry on top: Professor Helmholz was in attendance.
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A wonderful event on a beautiful day in Arkansas.
Are courts too political? Panelists discuss now at the Arkansas Chapters Conference.
#FedSocEvents
Ft.
@DavidCouchAR
,
@BenFlowersOH
, Allyson Ho, Noah Watson
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A single bad clerk can make a judge’s life a lot harder. Why take a chance on someone who spent three years surrounded by lunacy and who likely learned very little about the law?
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At noon ET on 2/27, I’ll be participating in a virtual
@FedSoc
panel on the role of state SGs, with
@ElbertLin
and
@RyanYPark
. Judge Grant of the 11th Circuit is moderating. It’s free and will be fun.
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What a fantastic hire.
@Aaron_L_Nielson
is along the best, most high-character attorneys I know. He’ll do a great job carrying on Texas’s proud, unbroken tradition of elite appellate advocates.
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@brianrdhamm
@AP
@OhioAG
So, as pages 10-11 show, it gives doctors complete discretion to decide what abortion is “necessary.” That, objectively, allows abortion on demand up until birth—one need only to find a doctor willing to make the determination.
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@DaveYostOH
couldn't have made a better pick for the next SG. Elliot Gaiser is a great attorney. He's also a fundamentally good man who cares passionately about this State. I look forward to watching him represent the State in courts around Ohio and the country.
AG Yost has selected an “appellate ace” to serve as Ohio’s 11th Solicitor General, the state’s lead attorney for appeals in state and federal courts.
Details:
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My seventh (?!) SCOTUS roundup for the Cincy
@FedSoc
chapter. I’ve probably worn out my welcome but appreciated the chance to speak with this very-engaged group
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@brianrdhamm
@AP
@OhioAG
A prohibition that the regulated party (doctors, here) has unreviewable discretion to make inapplicable is no prohibition at all.
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Jim Harbaugh now has the same number of national titles as his hero, Bo Schembechler. Pretty cool
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I’ll be discussing and defending textualism today in Philly. It’ll be live-streamed. Check it out if you want to.
Solicitors General
@BenFlowersOH
and Caroline Van Zile explore various approaches to constitutional interpretation and key doctrine.
Register to attend
#AmericasTownHall
in person or online on April 18, 4:30 p.m. ET:
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I beat all the other parents to camp drop-off this morning.
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New lawyers looking to practice appellate law should consider applying for the Si Karas Fellowship in the Office of the
@OhioAG
.
Fellows spend the year working as a Deputy Solicitor General. Last year’s Fellow, argued six cases (1/2)
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Congrats to
@TaylorARMeehan
on her victory as appointed amicus in Patel. Remember her name. It won’t be her last win at SCOTUS.
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2. My colleagues. The Office of the Ohio AG is full of dedicated public servants. I’m especially grateful to my team in the SG’s office—gifted attorneys and staff members who work their tails off for Ohio. I couldn’t have succeeded without their work.
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It’s astonishing to me that people think law students benefit from not being humbled. You don’t get better at *anything* that way
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Look at this beauty: “The Court erects citadels in ultima Thule while leaving the Vandals unattended in Rome itself.”
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Richly deserved. Congrats
@chris_j_walker
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@JoeDudekJD
I doubt expulsion would be necessary but I would severely punish those who continued. (I wouldn’t oppose expulsion however; these are soon-to-be lawyers, not children.). Do it once and, as Whittington explains, students will respond to the incentive.
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This is a beautiful speech (or maybe an answer to a question) by Justice Sotomayor.
Justice Sotomayor on Clarence Thomas:
"Justice Thomas is the one justice in the building that literally knows every employee’s name, every one of them...he is a man who cares deeply about the court as an institution, about the people who work there.”
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@HeathMayo
The intellectual rudder is what it’s always been: “it is emphatically the province and duty of the judiciary to say what the law is, not what it should be.” If “restraint” means incorrectly deciding a statutory issue to avoid a constitutional one, the rudder points against it
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Judge Cole is a fantastic lawyer. He will be a fantastic judge. This is great news for the Southern District.
Confirmed, 64-29: Executive Calendar
#381
Douglas Russell Cole to be U.S. District Judge for the Southern District of Ohio
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This is bittersweet. Sweet because it’s a chance to hear his voice again in a new (to me) opinion. But a bitter reminder of what we’re missing in his absence.
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A double header in Cincy tomorrow. I’ll be speaking at
@UCincinnatiLaw
and
@CincyFedSoc
. The great Chief Justice Taft’s alma mater and
@FedSoc
chapter.
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@chris_j_walker
@UMichLaw
@FedSoc
@DanielDancrane
And, as is typical when Michigan Men are present, it’ll all be recorded
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Just a reminder that, today in DC,
@jonathanurick
and I will be discussing the First Amendment and what it means for laws regulating content moderation on social media. Details at the link below. Come if you want.
@FedSoc
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These faux-philosophical debates (“is a hot dog a sandwich”?) are fun only if all sides take rigid positions and defend them. So his doing so proves nothing relevant to SCOTUS decisionmaking. The most charitable view I can take of the contrary argument is that you don’t mean it
Sure I do!
It was evidence that he was vulnerable to identity protective cognition, a force that worsens partisan motivated reasoning. I am, too. And increasingly, so are the other justices (including Justice Ginsburg, as the next story in the book recounts)
I agree tho...…
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Mathura Sridharan was excellent today in Ohio v EPA, her first SCOTUS argument. I’m thrilled for her, but also entirely unsurprised.
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This is one of the most powerful monuments I’ve seen anywhere in the country. I stumbled across it just by chance a few years back. I’d encourage all who find themselves in downtown Columbus to visit.
Memorial Day - The Ohio Statehouse is closed May 25. Take a walk on Veterans Plaza and read the letters on the walls.
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“About the Declaration there is a finality that is exceedingly restful. It is often asserted that the world has made a great deal of progress since 1776, that we have had new thoughts and new experiences which have given us a great advance over the people of that day, and that we
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As much as I’ve loved serving as SG, I’ve decided to return to private practice. It’s time for a new challenge, and for someone else to have this dream job.
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Thanks to
@scotus101
and
@Heritage
for having me on. We discussed working for the
@OhioAG
, clerking for Judge Ikuta & Justice Scalia, learning how to write briefs from
@ShayDvoretzky
, & more. For me, a nice reminder of how lucky I’ve been.
#SCOTUS
released several BIG opinions this week, including an important religious liberty/school choice opinion, an important Second Amendment opinion, and...Dobbs
While GC enjoys some well-deserved R&R,
@malcolm_john
joins
@tzsmith
to break it all down.
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I’m still right.
@EdWhelanEPPC
And as any originalist knows, “opening day” is correctly understood to mean the first game of the season *in Cincinnati*
#RedsOpeningDay
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Congrats to Eric Murphy and Chad Readler; two great people who will be fantastic judges.
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I podcasted
Up next on the
#RegulatoryOversightPod
, Ohio Solicitor General Ben Flowers joins Partner Misha Tseytlin to discuss the history of the
#majorquestionsdoctrine
, recent cases involving the statute, and how the statute has evolved over recent years.
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To date, the sun has continued to rise in Ohio. As far as I know it keeps coming up in the other States, too. I doubt most citizens have experienced any difference in their day-to-day lives.
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Sound advice
To avoid crowds, visit areas that are less crowded.
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Pleased to announce that
@WLU_LawReview
published my paper, An Essay Concerning Some Problems with the Constitutional-Doubt Canon, in its online edition.
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