Theodore Olson, a distinguished constitutional lawyer and former U.S. solicitor general, passed away on Wednesday at the age of 84, his law firm, Gibson, Dunn & Crutcher, announced. Olson, a towering figure in American law, played pivotal roles in shaping U.S. legal and political history, from his involvement in the 2000 election battle to his landmark advocacy for same-sex marriage.
Olson’s legal career spanned decades and saw him argue 65 cases before the U.S. Supreme Court. His most notable contributions included his work on the 2000 election dispute, where his legal arguments were crucial in securing the presidency for George W. Bush. Olson’s leadership in the case Bush v. Gore effectively decided the outcome of a contentious election and set a precedent for future election-related litigation.
In addition to his work on the 2000 election, Olson’s legal career was marked by a number of high-profile cases that shaped American civil rights. One of his most significant achievements was his role in challenging California’s Proposition 8, a 2008 ballot measure that banned same-sex marriage in the state. Olson, who partnered with liberal lawyer David Boies in the case, argued that the ban violated constitutional rights. Their lawsuit led to a 2013 Supreme Court decision that struck down a key portion of the Defense of Marriage Act (DOMA), cementing Olson’s legacy as a champion of marriage equality.
Olson’s influence extended beyond the courtroom. A longtime member of the Federalist Society, Olson was known for his conservative legal views and played a prominent role in the conservative legal movement. His work on the landmark Citizens United case, in which the Supreme Court ruled to allow unlimited corporate and union spending in political campaigns, marked another defining moment in his career.
In addition to his work in campaign finance, Olson was involved in various significant corporate cases, including representing Chevron in its years-long legal battle over environmental claims in Ecuador. His impact was not limited to corporate law—Olson also represented vulnerable communities, including successfully arguing before the Supreme Court in 2020 to protect “Dreamers” from the threat of deportation under the Trump administration.
Olson’s personal life was marked by tragedy and resilience. His third wife, Barbara Olson, a conservative legal analyst, was one of the victims of the 9/11 terrorist attacks. She was aboard American Airlines Flight 77 when it was hijacked and crashed into the Pentagon. In a poignant moment of the tragedy, Barbara Olson called her husband twice from the plane, informing him of the hijacking. This personal loss had a lasting impact on Olson and was a defining chapter of his life.
More recently, Olson voiced his support for a controversial plea agreement involving Khalid Sheikh Mohammed, the alleged mastermind of the 9/11 attacks, urging the U.S. government to allow the deal to proceed despite opposition.
Olson’s influence extended beyond the courtroom, as he enjoyed personal relationships with several U.S. Supreme Court justices. He was known for his close friendship with Justices Antonin Scalia and Ruth Bader Ginsburg, with whom he shared a tradition of attending New Year’s Eve dinners at Ginsburg’s home. His relationships with these legal giants underscored Olson’s reputation as a respected figure across political and ideological divides.
As a lawyer, Theodore Olson’s legacy is defined by his sharp legal mind, his commitment to constitutional principles, and his determination to fight for causes that he believed were right. From pivotal Supreme Court cases to his personal tragedies, Olson’s life and career embodied the complexities of American legal and political life. His death marks the end of an era for the conservative legal movement, but his contributions to U.S. law will continue to resonate for years to come.
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