Ted Olson, Renowned Litigator and Advocate for Same-Sex Marriage, Passes Away at 84

WASHINGTON, D.C. — Ted Olson, a formidable figure in American law who served as U.S. Solicitor General under two Republican administrations and played a pivotal role in significant legal battles including the landmark case for same-sex marriage, has died at the age of 84. The announcement came from Gibson Dunn, his law firm since 1965, though no cause of death was specified.

Olson’s legal career was marked by his involvement in some of the most consequential cases of recent times. He represented George W. Bush in the pivotal 2000 Florida presidential election recount, a dispute that concluded at the U.S. Supreme Court, securing Bush’s presidency. In his tenure as solicitor general from 2001 to 2004 under President Bush, Olson became a key figure in the administration following his earlier role as assistant attorney general during Ronald Reagan’s presidency in the early 1980s.

The breadth of Olson’s impact is notable, with his voice resonating in the chambers of the U.S. Supreme Court where he argued 65 cases. His work at Gibson Dunn was described by his colleague and partner for 37 years, Theodore Boutrous, as not just prolific but transformative. Olson was involved in cases like Citizens United v. Federal Election Commission, which reshaped political campaign finance laws, and he took a stand against the rescission of the Deferred Action for Childhood Arrivals program by the Trump administration.

Perhaps one of Olson’s most surprising roles was his advocacy for same-sex marriage. Breaking away from many conservative peers, Olson joined forces with David Boies, his courtroom opponent in Bush v. Gore, to challenge California’s same-sex marriage ban in 2008. Their victorious legal argument eventually led to the U.S. Supreme Court allowing a 2010 federal ruling against the ban to stand – a significant advance for gay rights in America.

Olson’s professional achievements were contrasted with personal tragedy when his third wife, Barbara Olson, a well-known conservative commentator, was killed during the September 11 attacks in 2001. She was on American Airlines Flight 77 when it crashed into the Pentagon.

Throughout his career, Olson also represented high-profile clients such as NFL quarterback Tom Brady during the “Deflategate” scandal and Apple Inc. in its 2016 encryption dispute with the FBI. His legal prowess did not go unnoticed. Barbara Becker, managing partner at Gibson Dunn, called him “a titan of the legal profession and one of the most extraordinary and eloquent advocates of our time.”

His alma mater, the University of Pacific, where he graduated in 1962 and honed his skills on the debate team, remarked on his influential career. The university’s president, Christopher Callahan, praised him as not only an influential attorney but one of their greatest alums.

Colleagues and those who knew him well remember Olson as both a legal powerhouse and a deeply admired individual. David Boies, reflecting on their work together and friendship, described Olson as “a hero to those who knew him best,” leaving a lasting legacy in law, the nation, and to those close to him.

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