On November 13, 2024, the legal community and political spheres mourned the loss of Ted Olson, one of the most prominent and influential conservative lawyers of his time, who passed away at the age of 84. Olson's career spanned decades, during which he shaped American jurisprudence through his extensive work as a litigator and as Solicitor General under President George W. Bush.
Olson's career was marked by his remarkable ability to traverse the spectrum of American legal and political life. He famously argued over sixty cases before the U.S. Supreme Court and was involved in landmark decisions, both for and against many traditional conservative values. His involvement in major high-profile cases included the contentious Bush v. Gore, which played a pivotal role during the 2000 presidential election, as well as significant challenges to campaign finance laws through Citizens United v. Federal Election Commission.
“Even among the prominent legal minds of our time, Ted’s career as a litigator was particularly prolific,” Senate Minority Leader Mitch McConnell stated, emphasizing Olson's significant impact on American law. “More than his talent, Ted was known as a good and decent man,” he added, highlighting Olson's personal integrity.
Born on September 11, 1940, Ted Olson grew up surrounded by the values of hard work and dedication. He initially made his mark as one of the few conservative voices at the University of California, Berkeley, where he graduated from law school. After joining the well-respected law firm Gibson Dunn & Crutcher in 1965, Olson would remain associated with the firm for the entirety of his distinguished career, excluding his time spent serving as the nation’s Solicitor General.
After being confirmed as Solicitor General from 2001 to 2004, Olson served under George W. Bush, supporting various presidential initiatives and defending the administration's actions during significant historical moments such as the aftermath of the September 11 attacks. His time at the helm of legal services for the presidency allowed him to establish himself as not only a lawyer but as one of the most influential legal figures of his era.
Despite his strong conservative ties, Olson's career took unexpected turns. A defining moment came when he shocked many by taking on the defense of same-sex marriage following California’s passage of Proposition 8, which sought to ban the practice. Collaboratively working with David Boies, Olson represented several same-sex couples, crafting arguments around civil rights and liberties. This legal endeavor spurred contentious debates but culminated successfully with the U.S. Supreme Court ruling affirming same-sex marriage as constitutional, solidifying Olson's reputation as not just a conservative advocate but also as one who championed broader civil rights.
Indeed, Olson's willingness to embrace causes traditionally associated with liberal advocacy positioned him uniquely within the legal community. He believed firmly, as he noted publicly, in the importance of standing for what was right, stating “this is the most important thing I’ve ever done, as an attorney or as a person.”
His career did not stop at civil rights. Olson also took on significant corporate clients, representing high-profile figures and companies. Most notable among them was the case involving NFL quarterback Tom Brady during the notorious Deflategate scandal and tech giants like Apple against the FBI.
“Ted Olson didn’t just affect the law – he changed hearts and minds,” remarked fellow attorney David Boies. “He left the law, our country, and each of us far richer than he found us,” he reflected on Olson’s legacy. His loss is felt deeply across both parties, as many recognized his contributions regardless of political alignment.
While his professional achievements were monumental, Olson experienced his share of personal tragedy. His third wife, Barbara Olson, known as a conservative commentator, was killed on September 11, 2001, when terrorists hijacked American Airlines Flight 77 and crashed itinto the Pentagon. This incident not only marked a traumatic moment for Olson personally but also impacted his views on national security and legal governance.
Following his tenure as Solicitor General, Olson remained influential, confronting actions by the Trump administration, especially concerning the Deferred Action for Childhood Arrivals program, which sought to protect undocumented immigrants who arrived as children. He argued staunchly against efforts to rescind DACA, demonstrating his commitment to civil liberties even when opposing right-leaning political figures.
Olson’s legacy will undoubtedly be felt for years to come, as his achievements encompass ruling on both sides of the political aisle. His career serves as a reminder of the complex dynamics within American law and the importance of advocating for justice, regardless of one's ideological standing. No cause of death was announced by the law firm Gibson Dunn, where Olson had practiced for five decades.
He is survived by his wife, Lady Booth Olson, along with his children and siblings. His impact on the legal community, and the nation, has been lauded by peers and clients alike, leaving behind both personal and professional legacies.
Olson’s passing is heralded as the end of an era, reflecting on his unparalleled contributions to the legal field and his unwavering commitment to justice. His willingness to embrace complexity and change is perhaps best summed up by his own words: “I’ve always believed lawyers should advocate for the right side of history.”
Indeed, Ted Olson was not just an attorney but rather, through his legal bouts, he helped mold the very contours of America’s legal and political framework. His passing signifies not just the loss of one individual but, fundamentally, the loss of the impactful and transformative approach he brought to the practice of law.
