Ted Olson, Legal 'Titan' and Former US Solicitor General Who Argued Bush v. Gore, Dies
Despite being known as a conservative lawyer, Olson notably teamed up with his opposing counsel in the Bush case, David Boies, to challenge a California amendment against same-sex marriage.
November 13, 2024 at 04:01 PM
4 minute read
Theodore "Ted" Olson, who served as U.S. solicitor general under President George W. Bush, died on Wednesday, according to his longtime firm, Gibson Dunn & Crutcher. He was 84.
“Ted was a titan of the legal profession and one of the most extraordinary and eloquent advocates of our time,” said Gibson Dunn's chair and managing partner Barbara Becker. “He was creative, principled, and fearless—a trailblazing advocate who cared about all people. We mourn his loss profoundly and send our condolences to his wife, Lady, a cherished member of our firm family, and to all of Ted’s loved ones.”
Olson has long been one of the firm's most well-known attorneys, having joined in 1965 and gone on to found its prominent appellate and constitutional law practice group. He served two stints in government. The first was from 1981 to to 1984 as assistant attorney general in the Department of Justice's Office of Legal Counsel during the administration of President Ronald Reagan.
Two decades later, he served as solicitor general under Bush from 2001 to 2004. Over the course of his long career as one of the nation's most prominent Supreme Court lawyers, Olson argued 65 cases before the justices.
Arguably his most famous came while in private practice in the 2000 case Bush v. Gore, during which he argued on behalf of the Republican presidential nominee that the Supreme Court should halt the ongoing Florida recount. The justices ruled in Bush's favor in a 5-4 decision that effectively decided the 2000 presidential contest in Bush's favor.
Despite being known as a conservative lawyer, Olson notably teamed up with his opposing counsel in the Bush case, David Boies, to challenge a California amendment against same-sex marriage. During President Donald Trump's first administration, Olson rejected an overture to join Trump's legal team during the investigation of ex-special counsel Robert Mueller.
"Ted Olson was a giant in the law, and a giant in life," Boies said in a statement to the National Law Journal. "He left the law, our country, and each of us better than he found us. Few people are a hero to those that know them well. Ted was a hero to those who knew him best."
A couple of years later, Olson successfully challenged the administraiton's rescission of the Deferred Action for Childhood Arrivals, or DACA, program giving immigration relief to thousands of noncitizens who came to the country as children. And as Trump's allies continued to fight President Joe Biden's victory in the days after the 2020 election, Olson told an audience at a Federalist Society event that the election was "over" and that "we do have a new president."
He later told the National Law Journal that the Senate has enough evidence to convict Trump for inciting deadly insurrection.
Tragedy struck Olson's life on his 61st birthday on Sept. 11, 2001, when his wife Barbara K. Olson died during the 9/11 terrorist attack on the Pentagon. Barbara had been a passenger on Los Angeles-bound American Airlines Flight 77 out of Dulles International Airport when it was hijacked by terrorists and flown into the building. She called her husband from the plane in a panic during the highjacking as Olson was at his office at the Department of Justice in Washington.
Having been confirmed as President Bush's solicitor general only months before in a politically charged Senate process, Olson was just weeks from the start of the upcoming October 2001 Supreme Court term when the attacks occurred. Grief-stricken, Olson carried out his legal work and would personally argue before the Supreme Court less than a month later, returning several more times over the ensuing months to represent the Bush administration before the nation's top legal tribunal.
"Ted entered the SG’s office as a legal giant and left as a truly historic solicitor general," said Latham & Watkins' Gregory Garre, who worked alongside Olson in the office at the time. "Few SGs had a more successful record before the court, and argued more momentous cases before the court, than Ted. Ted also led the SG’s office at a time of peril for the country, and great personal loss for him, in the wake of the 9/11 attacks. Ted’s leadership during this time was inspiring for all of us in the SG’s office.... Ted will be greatly missed."
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllBig Four Japanese Firm Mori Hamada Launches Foreign Joint Law Enterprise, Joins Rebrand Drive
A&O Shearman’s South African Lawyers in Last-minute Talks To Find Jobs Before Closure
3 minute readTrending Stories
- 1The Key Moves in the Reshuffling German Legal Market as 2025 Dawns
- 2Social Media Celebrities Clash in $100M Lawsuit
- 3Federal Judge Sets 2026 Admiralty Bench Trial in Baltimore Bridge Collapse Litigation
- 4Trump Media Accuses Purchaser Rep of Extortion, Harassment After Merger
- 5Judge Slashes $2M in Punitive Damages in Sober-Living Harassment Case
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250