View source for Theodore Olson

{{Short description|American lawyer (1940–2024)}}
{{Redirect|Ted Olson|the baseball player|Ted Olson (baseball)}}
{{Use American English|date=January 2025}}
{{Use mdy dates|date=January 2025}}
{{Infobox officeholder
| name                = Theodore Olson
| image               = Theodore Olson.jpg
| caption             = Official portrait, {{circa}} 2001
| office              = 42nd [[Solicitor General of the United States]]
| president           = [[George W. Bush]]
| term_start          = June 11, 2001
| term_end            = July 10, 2004
| predecessor         = [[Seth P. Waxman]]
| successor           = [[Paul Clement]]
| office1             = [[United States Assistant Attorney General]] for the [[Office of Legal Counsel]]
| president1          = [[Ronald Reagan]]
| term_start1         = 1981
| term_end1           = 1984
| predecessor1        = [[John Harmon (attorney)|John Harmon]]
| successor1          = [[Charles J. Cooper|Charles Cooper]]
| birth_name          = Theodore Bevry Olson
| birth_date          = {{birth date|1940|9|11}}
| birth_place         = [[Chicago]], [[Illinois]], U.S.
| death_date          = {{nobr|{{death date and age|2024|11|13|1940|09|11}}}}
| death_place         = [[Falls Church, Virginia]], U.S.
| party               = [[Republican Party (United States)|Republican]]
| spouse              = {{Plainlist|
* {{Marriage|Karen Beatie|1964|1987|reason=div}}
* {{Marriage|Jolie Bales|1987|1991|reason=div}}
* {{Marriage|[[Barbara Olson|Barbara Bracher]]|1996|2001|reason=[[September 11 attacks|died]]}}
* {{Marriage|Lady Booth|2006}}
}}
| education           = [[University of the Pacific (United States)|University of the Pacific]] ([[Bachelor of Arts|BA]])<br />[[University of California, Berkeley]] ([[Juris Doctor|JD]])
}}

'''Theodore Bevry Olson''' (September 11, 1940 – November 13, 2024) was an American lawyer who served as the 42nd [[solicitor general of the United States]] from 2001 to 2004 in the administration of President [[George W. Bush]]. He previously served as the [[United States Assistant Attorney General|Assistant Attorney General]] of the [[Office of Legal Counsel]] of the [[U.S. Department of Justice]] from 1981 to 1984 under President [[Ronald Reagan]], and he was also a longtime [[partner (business rank)|partner]] at the law firm [[Gibson Dunn]].

==Early life and education==
Olson was born on September 11, 1940, in [[Chicago]], the son of Yvonne Lucy (''née'' Bevry) and Lester W. Olson.<ref>{{cite book|url=https://books.google.com/books?id=66XcAgAAQBAJ&q=%22Yvonne+Bevry+Olson%22&pg=PT3|title=Redeeming the Dream: The Case for Marriage Equality|first1=Theodore B.|last1=Olson|first2=David|last2=Boies|date=June 17, 2014|publisher=Penguin|isbn=9780698135369|via=Google Books}}</ref> He grew up in [[Mountain View, California]], in the [[San Francisco Bay Area]]. After graduating from [[Los Altos High School (Los Altos, California)|Los Altos High School]] in 1958, he studied [[communications]] and [[history]] at the [[University of the Pacific (United States)|University of the Pacific]], where he was a charter member of the [[Phi Kappa Tau]] fraternity chapter. He graduated in 1962 with a [[Bachelor of Arts]], [[Latin honors|''cum laude'']]. He then attended the [[UC Berkeley School of Law]], where he was a member of the ''[[California Law Review]]'' and campaigned for Republican Senator [[Barry Goldwater]] [[Barry Goldwater 1964 presidential campaign|for president]] in [[1964 United States presidential election|1964]]. He graduated in 1965 with [[Order of the Coif]] membership.<ref>{{cite news |first=Neil A. |last=Lewis |author-link=Neil Lewis (journalist) |date=February 15, 2001 |url=https://query.nytimes.com/gst/fullpage.html?res=9807E2DC1430F936A25751C0A9679C8B63&sec=&spon=&pagewanted=all |title=Man in the News: Prize Job for a Bush Rescuer, Theodore Bevry Olson |newspaper=[[The New York Times]]}}</ref><ref>{{Cite web|url=https://fedsoc.org/contributors/theodore-olson|title=StackPath|website=fedsoc.org|access-date=December 30, 2019}}</ref>

== Legal career ==

===Early legal career: 1965 to 2000===
In 1965, Olson joined the [[Los Angeles]] office of [[Gibson, Dunn & Crutcher]] as an associate. In 1972, he was named a partner.<ref>{{cite web |url=http://www.biography.com/people/ted-olson-245961 |title=Ted Olson |work=Biography |publisher=A&E Television Networks |access-date=October 11, 2012 |archive-date=September 20, 2012 |archive-url=https://web.archive.org/web/20120920234940/http://www.biography.com/people/ted-olson-245961 |url-status=dead}}</ref> From 1981 to 1984, Olson served as an [[United States Assistant Attorney General|Assistant Attorney General]] (Office of Legal Counsel) in the [[Ronald Reagan administration]].<ref name="salon">{{cite news |last=Tapper |first=Jake |author-link=Jake Tapper |title=Boies vs. Olson: A Look at the Two Legal Titans Behind the Gore and Bush Teams |work=[[Salon.com|Salon]] |date=November 19, 2000 |url=http://archive.salon.com/politics/feature/2000/11/19/lawyers/index.html |access-date=April 27, 2009}}</ref> While serving in the Reagan administration, Olson was Legal Counsel to President Reagan during the [[Iran-Contra]] Affair's investigation phase.<ref name="salon" /> Olson was also the Assistant Attorney General for the [[Office of Legal Counsel]]<ref>{{Cite web|url=https://www.justice.gov/osg/bio/theodore-b-olson|title=Solicitor General: Theodore B. Olson|date=October 23, 2014|website=www.justice.gov|language=en|access-date=December 30, 2019}}</ref> when then-President [[Ronald Reagan]] ordered the Administrator of the [[United States Environmental Protection Agency|EPA]] to withhold documents on the ground that they contained "enforcement sensitive information."<ref>{{Cite journal|last=Fisher|first=Louis|date=January 1, 1989|title=Congressional access to executive branch information: Lessons from Iran-Contra|journal=Government Information Quarterly|volume=6|issue=4|pages=383–394|doi=10.1016/0740-624X(89)90005-1|issn=0740-624X}}</ref> 

This led to an investigation by the [[U.S. House Judiciary Committee]] that later produced a report suggesting Olson had given false and misleading testimony before a House subcommittee during the investigation. The Judiciary Committee forwarded a copy of the report to the Attorney General, requesting the appointment of an [[United States Office of the Independent Counsel|independent counsel]] investigation. Olson argued that the Independent Counsel took [[executive (government)|executive]] powers away from the office of the [[President of the United States]] and created a hybrid "fourth branch" of government that was ultimately answerable to no one. He argued that the broad powers of the Independent Counsel could be easily abused or corrupted by [[partisan (political)|partisanship]]. In the [[Supreme Court of the United States|United States Supreme Court]] Case ''[[Morrison v. Olson]]'', the Court disagreed with Olson and found in favor of the Plaintiff and independent counsel Alexia Morrison.<ref>{{Cite web|url=http://www.oyez.org/sites/default/libraries/OyezPlayer-html5/player.php?transcript=/sites/default/files/transcripts/1987/87-1279_19880426-argument.xml|title=oyez html5 player|date=September 24, 2015|archive-url=https://web.archive.org/web/20150924124721/http://www.oyez.org/sites/default/libraries/OyezPlayer-html5/player.php?transcript=%2Fsites%2Fdefault%2Ffiles%2Ftranscripts%2F1987%2F87-1279_19880426-argument.xml|access-date=December 30, 2019|archive-date=September 24, 2015|url-status=live}}</ref>

Olson returned to private law practice as a partner in the [[Washington, D.C.]], office of his firm, Gibson Dunn. A high-profile client of his in the 1980s was [[Jonathan Pollard]], who had been convicted of selling government secrets to [[Israel]]. Olson handled the appeal to [[United States Court of Appeals for the D.C. Circuit]]. Olson argued the life sentence Pollard received was in violation of the [[plea bargain]] agreement, which had specifically excluded a life sentence. Olson also argued that the violation of the plea bargain was grounds for a [[mistrial (law)|mistrial]]. The Court of Appeals ruled (2‑1) that no grounds for mistrial existed. Olson argued a dozen cases before the Supreme Court prior to becoming Solicitor General.<ref>{{cite news |last=Conason |first=Bill |title=Ted Olson? You've Got to Be Kidding: How Does Bush Expect to 'Raise the Tone' in Washington by Nominating a Right-Wing Celebrity and Kenneth Starr Pal as Solicitor General? |work=Salon |date=February 6, 2001 |url=http://archive.salon.com/politics/feature/2001/02/06/olson/print.html |access-date=April 27, 2009 |url-status=dead |archive-url=https://web.archive.org/web/20090530074317/http://archive.salon.com/politics/feature/2001/02/06/olson/print.html |archive-date=May 30, 2009 }}</ref> In one case, he argued against [[United States Federal Sentencing Guidelines|federal sentencing guidelines]], and, in a case in New York state he defended a member of the press who had first leaked the [[Anita Hill]] story.<ref name="salon" />

Olson successfully represented presidential candidate [[George W. Bush]] in the Supreme Court case ''[[Bush v. Gore]]'', which effectively ended the recount of the contested [[2000 U.S. presidential election]]. On December 11, 2000, Olson personally delivered the oral arguments before the Supreme Court on behalf of Bush.<ref>{{cite web|url=https://supreme.justia.com/cases/federal/us/531/98/|title=Bush v. Gore, 531 U.S. 98 (2000)|publisher=Justia|accessdate=November 14, 2024}}</ref>

===Later legal career: After 2000===
[[File:Theodore Olson - 2010 - David Shankbone.jpg|thumb|Olson in 2010]]Olson was nominated for the office of [[Solicitor General]] by [[George W. Bush|President Bush]] on February 14, 2001. He was confirmed by the [[United States Senate]] on May 24, 2001, and took office on June 11, 2001. Olson was solicitor general during the [[9/11 terrorist attacks]], and his wife died on board [[American Airlines flight 77]], which was crashed into [[the Pentagon]]. In 2002, Olson argued for the federal government in the Supreme Court case ''Christopher v. Harbury'' (536 U.S. 403), in which Supreme Court agreed with Olson's position in its unanimous opinion written by [[Justice Souter]]. Olson maintained that the government had an inherent right to lie: "There are lots of different situations where the government quite legitimately may have reasons to give false information out."<ref>{{Cite web|date=June 7, 2002|title=Still Searching|url=https://www.texasobserver.org/747-still-searching-jennifer-harbury-takes-her-ten-year-odyssey-for-justice-to-the-supreme-court/|access-date=March 7, 2021|website=The Texas Observer|language=en-US}}</ref><ref>{{Cite news|last=Greenhouse|first=Linda|date=March 19, 2002|title=Widow Argues for Right to Sue Officials (Published 2002)|language=en-US|work=The New York Times|url=https://www.nytimes.com/2002/03/19/us/widow-argues-for-right-to-sue-officials.html|access-date=March 7, 2021|issn=0362-4331}}</ref><ref>{{Cite web|title=Supreme Court: Harbury Case|url=https://www.npr.org/templates/story/story.php?storyId=1140129|access-date=March 7, 2021|website=NPR.org|language=en}}</ref>

In July 2004, Olson retired as Solicitor General and returned to private practice at the Washington office of Gibson Dunn. In 2006, Olson represented a defendant journalist in the civil case filed by [[Wen Ho Lee]] and pursued the appeal to the Supreme Court.<ref name="wen ho lee">{{cite news |last=Mears |first=Bill |title=Deal in Wen Ho Lee Case May Be Imminent |publisher=[[CNN]] |date=May 22, 2006 |url=http://www.cnn.com/2006/LAW/05/22/scotus.wenholee/ |access-date=November 7, 2008}}</ref> Lee sued the federal government to discover which public officials had named him as a suspect to journalists before he had been charged.<ref name="wen ho lee"/> Olson wrote a brief on behalf of one of the journalists involved in the case, saying that journalists should not have to identify confidential sources, even if [[subpoena]]ed by a court.<ref name="wen ho lee"/> In 2011, Olson represented the [[National Football League Players Association]] in the [[2011 NFL lockout]].<ref>{{cite news|last=Kuriloff|first=Aaron|title=Players' Lawyer Ted Olson Calls NFL Lockout Abuse of Monopoly|publisher=[[Bloomberg News]]|url=https://www.bloomberg.com/news/articles/2011-05-06/nfl-players-lawyer-ted-olson-calls-lockout-by-league-an-abuse-of-monopoly|date=May 6, 2011|access-date=June 24, 2015}}</ref><ref>{{cite news|last=Breer|first=Albert|title=NFL, players state lockout cases; court to rule in 'due course'|work=[[National Football League|NFL.com]]|url=https://www.nfl.com/news/nfl-players-state-lockout-cases-court-to-rule-in-due-course-09000d5d82026709|date=June 3, 2011|access-date=June 24, 2015}}</ref>

In 2009, Olson joined with President Bill Clinton's former attorney [[David Boies]], who was also his opposing counsel in ''Bush v. Gore'', to bring a federal lawsuit, ''[[Perry v. Schwarzenegger]]'', challenging [[California Proposition 8 (2008)|Proposition 8]], a California state constitutional amendment banning [[same-sex marriage]].<ref>{{cite news |url=http://latimesblogs.latimes.com/lanow/2009/05/bush-v-gore-rivals-challenge-prop-8-in-federal-court.html |title=Bush vs. Gore Rivals Challenge Prop.&nbsp;8 in Federal Court |newspaper=[[Los Angeles Times]] |last=Williams |first=Carol J. |date=May 26, 2009 |access-date=May 26, 2009}}</ref> His work on the lawsuit earned him a place among the [[Time 100]]'s greatest thinkers.<ref>{{cite magazine |url=http://www.time.com/time/specials/packages/article/0,28804,1984685_1984745_1985481,00.html#ixzz0mVlpQaeO |archive-url=https://web.archive.org/web/20100502132941/http://www.time.com/time/specials/packages/article/0,28804,1984685_1984745_1985481,00.html#ixzz0mVlpQaeO |url-status=dead |archive-date=May 2, 2010 |title=David Boies and Theodore Olson |department=The 2010 Time 100 |magazine=[[Time (magazine)|Time]] |last=Klein |first=Joe  |author-link=Joe Klein |date=April 29, 2010 |access-date=May 1, 2010}}</ref> In 2010, Olson and [[Floyd Abrams]] argued in favor of the [[Citizens United v. FEC|Citizens United vs FEC]] case before the Supreme Court, which granted corporations the same free speech rights as individuals, and allowed unlimited corporate spending in elections. In 2011, Olson and David Boies were awarded the [[ABA Medal]], the highest award of the [[American Bar Association]].<ref>{{cite press release |first=Patricia |last=Gaul |title=David Boies, Theodore B. Olson to Receive American Bar Association Medal for 2011 |url=http://www.abanow.org/2011/07/david-boies-theodore-b-olson-to-receive-american-bar-association-medal-for-2011/ |archive-url=https://web.archive.org/web/20120320111416/http://www.abanow.org/2011/07/david-boies-theodore-b-olson-to-receive-american-bar-association-medal-for-2011/ |archive-date=March 20, 2012 |access-date=September 6, 2011 |publisher=[[American Bar Association]]}}</ref> In 2014, Olson received the Golden Plate Award of the [[Academy of Achievement|American Academy of Achievement]] presented by Awards Council member [[Brendan Sullivan (lawyer)|Brendan V. Sullivan, Jr.]]<ref>{{cite web|title=Golden Plate Awardees of the American Academy of Achievement |website=www.achievement.org|publisher=[[American Academy of Achievement]]|url=https://achievement.org/our-history/golden-plate-awards/#public-service}}</ref><ref>{{cite news |title=2014 Summit Highlights Photo |url=https://achievement.org/summit/2014/|quote=Eminent defense counsels and Academy members Brendan Sullivan, David Boies, Ted Olson and Barry Scheck.}}</ref>

[[Apple Inc.]] hired Olson to fight the [[FBI–Apple encryption dispute]] court order to unlock an [[iPhone]], which ended with the government withdrawing its case.<ref>{{cite web|first1=Maura|last1=Dolan|first2=Victoria|last2=Kim|url=http://www.latimes.com/business/la-me-fbi-apple-legal-20160219-story.html|title=Apple-FBI fight over iPhone encryption pits privacy against national security|work=Los Angeles Times|date=February 18, 2016|access-date=February 20, 2016}}</ref> Olson also represented [[New England Patriots]] quarterback [[Tom Brady]] in the [[Deflategate]] scandal,<ref>{{cite web|title=Ted Olson Sees Glimmer of Hope For Tom Brady Appeal|url=http://boston.cbslocal.com/2016/05/25/deflategate-tom-brady-lawyer-ted-olson-sees-hope-for-rehearing/|website=CBS|date=May 25, 2016|access-date=June 7, 2016}}</ref> which ended with Brady electing not to pursue Supreme Court appeal of a four-game suspension.<ref>{{cite news|last=Orr|first=Conor|title=Tom Brady won't further pursue suspension appeal|url=https://www.nfl.com/news/tom-brady-won-t-further-pursue-suspension-appeal-0ap3000000674937|publisher=National Football League|date=July 15, 2016|access-date=July 15, 2016}}</ref><ref>{{cite news|last=Reyes|first=Lorenzo|title=Tom Brady announces he won't fight Deflategate suspension further in court|url=https://www.usatoday.com/story/sports/nfl/patriots/2016/07/15/tom-brady-deflategate-suspension-new-england/87134710/|newspaper=[[USA Today]]|date=July 15, 2016|access-date=July 15, 2016}}</ref> In 2017, Olson represented a group of billboard advertisers in a lawsuit against the City of [[San Francisco]]. The group challenged a city law requiring soda companies to include in their advertisements warnings that consumption of sugar-sweetened beverages is associated with serious health risks like [[diabetes]]. The suit claimed that the law is an unconstitutional restriction on commercial speech. In September 2017, a panel of the 9th Circuit Court of Appeals agreed with Olson and provisionally barred the city's mandated warnings.<ref>{{Cite web| url=http://cdn.ca9.uscourts.gov/datastore/opinions/2017/09/19/16-16072.pdf| title=United States Court of Appeals for the Ninth Circuit| access-date=June 16, 2024}}</ref>

In March 2018, Olson turned down an offer to represent [[Donald Trump]] in the probe of Russian interference in the 2016 election.<ref>{{cite news|url=https://www.washingtonpost.com/politics/trump-legal-team-seeks-to-add-gravitas-with-offer-to-star-gop-attorney-theodore-b-olson/2018/03/20/571f1e46-2c41-11e8-8ad6-fbc50284fce8_story.html|title=Star GOP lawyer Theodore B. Olson declines offer to join Trump legal team|newspaper=Washington Post}}</ref> In November 2019, Olson represented the [[DACA]] recipients in the Supreme court case ''[[Department of Homeland Security v. Regents of the University of California]]''.<ref>{{cite news |url=https://www.nytimes.com/2019/09/26/us/politics/theodore-olson-dreamers-supreme-court.html |title=Theodore Olson, Conservative Stalwart, to Represent 'Dreamers' in Supreme Court |website=New York Times |date=September 26, 2019 |last1=Liptak |first1=Adam}}</ref> On June 18, the Supreme Court upheld the program due to the failure of the Trump administration to follow the [[Administrative Procedure Act (United States)|Administrative Procedure Act]] while rescinding DACA. In 2023, Olson wrote in an [[op-ed]] that the U.S. should conclude the criminal cases of the remaining defendants. Citing the complicated nature of [[death penalty]] cases, as well as the fact that many of the convictions already secured had been partially or fully overturn by appeals courts, he publicly encouraged the government to offer sentences of life in prison.<ref>{{Cite news |last=Olson |first=Theodore B. |title=Opinion {{!}} The U.S. Must Resolve the Cases of the Guantanamo Detainees |url=https://www.wsj.com/articles/the-u-s-must-resolve-the-cases-of-the-guantanamo-detainees-terrorist-attack-court-justice-911-defendants-11675349137 |access-date=February 21, 2023 |newspaper=Wall Street Journal |date=February 2, 2023 |language=en-US}}</ref><ref>{{Cite news |title=NEW VOICES: Ted Olson, Solicitor General in the Bush Administration, Calls for End to Guantánamo Death Penalty Cases |url=https://deathpenaltyinfo.org/news/new-voices-ted-olson-solicitor-general-in-the-bush-administration-calls-for-end-to-guantánamo-death-penalty-cases |access-date=February 21, 2023 |website=Death Penalty Information Center |language=en-US}}</ref>

== Personal life ==
Olson was married four times. His first marriage was to Karen Beatie whom he met in college at the University of the Pacific.<ref name=":0">{{Cite news|url=https://www.thedailybeast.com/articles/2015/06/26/the-surprising-republican-hero-of-same-sex-marriage|title=The Surprising Republican Hero Of Same-Sex Marriage|last=Grove|first=Lloyd|date=June 27, 2015|access-date=August 15, 2019|language=en}}</ref> Olson's second wife was Jolie Ann Bales, an attorney and a liberal Democrat.<ref name=":0" /> Olson's third wife,<ref name=napanuptials /> [[Barbara Olson|Barbara Kay Olson]] (née Bracher), an attorney and conservative commentator, was a passenger aboard the hijacked [[American Airlines Flight&nbsp;77]] that crashed into a sector of the [[The Pentagon|Pentagon]] on his birthday, [[September 11 attacks|September 11, 2001]]. Her original plan was to fly to California on September 10, but she delayed her departure until the next morning so she could wake up with her husband on his birthday.<ref>{{cite web|url=https://www.youtube.com/watch?v=7_2HsqxuUH4&t=1m46s| archive-url=https://ghostarchive.org/varchive/youtube/20211211/7_2HsqxuUH4| archive-date=December 11, 2021 |url-status=live|title=What Barbara Olson Knew|date=April 7, 2008|publisher=CNN|format=YouTube}}{{cbignore}}</ref><ref>{{cite web| url=https://www.youtube.com/watch?v=GZ2RgEQu-ag&t=4m17s| archive-url=https://web.archive.org/web/20130501171641/http://www.youtube.com/watch?v=GZ2RgEQu-ag| archive-date=May 1, 2013| url-status=dead| title=Pentagon Explosion, No Flight 77: Ted Olson on Barbara: "Its impossible to think of her as Gone"| last=drjamesfetzer| date=January 4, 2010| via=YouTube}}</ref> Before she died, she called her husband to warn him about the flight. Some of the phone call was recorded and can still be heard.<ref>{{Cite web|title=The 9/11 Commission Report|url=https://www.9-11commission.gov/report/911Report.pdf|access-date=March 3, 2021|archive-date=September 12, 2017|archive-url=https://web.archive.org/web/20170912055527/https://9-11commission.gov/report/911Report.pdf|url-status=dead}}</ref> On October 21, 2006, Olson married Lady Evelyn Booth, a [[Tax law|tax attorney]] from [[Kentucky]] and a lifelong [[Democratic Party (United States)|Democrat]].<ref name=napanuptials>{{cite news |title=Napa Nuptials for Olson and His Lady |url=https://www.washingtonpost.com/wp-dyn/content/article/2006/10/22/AR2006102200052.html?nav=rss_opinion/columns |date=October 22, 2006 |access-date=August 19, 2009 |newspaper=[[The Washington Post]] |first1=Amy |last1=Argetsinger |first2=Roxanne |last2=Roberts |name-list-style=amp |author-link1=Amy Argetsinger |author-link2=Roxanne Roberts |department=The Reliable Source}}</ref><ref>{{cite news |url=https://www.nytimes.com/2010/08/19/fashion/19Lady.html |title=When Opposites Influence |newspaper=The New York Times |first=Ashley |last=Parker |date=August 18, 2010}}</ref> They remained married for 18 years until his death. Olson died of a stroke at a hospital in [[Falls Church, Virginia]], on November 13, 2024, at the age of 84.<ref>{{cite news |url=https://www.washingtonpost.com/obituaries/2024/11/13/ted-olson-lawyer-bush-gay-rights-dead/ |title=Theodore Olson, conservative lawyer who backed marriage equality, dies at 84 |last=Wolfson |first=Andrew |date=November 13, 2024 |newspaper=[[The Washington Post]] |url-access=limited}}</ref><ref>{{cite news |last=Totenberg |first=Nina |author-link=Nina Totenberg |date = November 13, 2024 |title=Remembering Ted Olson, a Titan of the Law |url=https://www.npr.org/2024/11/13/nx-s1-5189485/former-solicitor-general-ted-olson-has-died |work=[[All Things Considered]] |publisher=[[NPR]] |access-date=November 13, 2024}}</ref>

== Politics ==
Olson was a founding member of the [[Federalist Society]].<ref name="federalist">{{cite news |title=Giuliani Hitches Star to Conservative Legal Group |newspaper=[[Chicago Tribune]] |date=September 6, 2007 |url=http://www.chicagotribune.com/news/nationworld/chi-070905giuliani,0,1519010.story |access-date=October 27, 2008 |first=James |last=Oliphant}}</ref> He served on the board of directors of ''[[The American Spectator]]'' magazine.<ref>{{cite news |first=Jonathan |last=Broder |title=American Spectator Audit: Is the Fox Guarding the Henhouse? |work=Salon |date=April 24, 1998 |url=http://archive.salon.com/news/1998/04/27news.html |access-date=April 27, 2009 |archive-url=https://web.archive.org/web/20071020120255/http://archive.salon.com/news/1998/04/27news.html |archive-date=October 20, 2007}}</ref> Olson was a prominent critic of [[Bill Clinton]]'s presidency, and he helped prepare the attorneys of [[Paula Jones]] prior to their Supreme Court appearance.<ref name="salon"/> Olson served on [[Rudy Giuliani]]'s [[Rudy Giuliani presidential campaign, 2008|2008 presidential campaign]] as its judicial committee chairman.<ref name="federalist"/> In 2012 he participated in [[Paul Ryan]]'s preparation for the vice presidential debate, role-playing [[Joe Biden]].<ref>{{cite news |url=https://www.washingtonpost.com/politics/decision2012/paul-ryan-taps-ted-olson-to-play-biden-in-debate-prep/2012/09/15/441718be-ff40-11e1-b153-218509a954e1_story.html |title=Paul Ryan Taps Ted Olson to Play Biden in Debate Prep |last=Sonmez |first=Felicia |date=September 15, 2012 |newspaper=The Washington Post |access-date=October 6, 2012}}</ref> He was an outspoken advocate for gay marriage in the Republican Party.<ref>{{Cite news |last=Totenberg |first=Nina |author-link=Nina Totenberg |title=Ted Olson, Gay Marriage's Unlikely Legal Warrior |url=https://www.npr.org/2010/12/06/131792296/ted-olson-gay-marriage-s-unlikely-legal-warrior |work=[[Morning Edition]] |publisher=[[NPR]] |date=December 6, 2010}}</ref>

== Executive appointment speculation ==
{{See also|George W. Bush Supreme Court candidates}}

Prior to President Bush's nomination of [[United States Court of Appeals for the District of Columbia Circuit|D.C.&nbsp;Circuit Court of Appeals]] Judge [[John G. Roberts]], Olson was considered a [[George W. Bush Supreme Court candidates|potential nominee to the Supreme Court of the United States]] to fill [[Sandra Day O'Connor]]'s post. Following the withdrawal of [[Harriet Miers]]' nomination for that post, and prior to the nomination of [[United States Court of Appeals for the Third Circuit|Third Circuit Court of Appeals]] Judge [[Samuel Alito]], Olson's name was again mentioned as a possible nominee. In September 2007, Olson was considered by the [[George W. Bush administration|Bush administration]] for the post of Attorney General to succeed [[Alberto Gonzales]]. The Democrats were so vehemently opposed that Bush nominated [[Michael Mukasey]] instead.<ref>{{cite news |title=Behind the Slander: Olson Played Hardball – But So Did the Dems |url=http://www.signonsandiego.com/news/op-ed/editorial2/20070918-9999-lz1ed18bottom.html |archive-url=https://web.archive.org/web/20110716071624/http://legacy.signonsandiego.com/news/op-ed/editorial2/20070918-9999-lz1ed18bottom.html|archive-date=July 16, 2011 |department=Op-Ed |work=[[The San Diego Union-Tribune]] |date=September 18, 2007 |access-date=September 18, 2007 }}</ref>

== Controversies ==
Olson, who served as Ronald Reagan's assistant [[attorney general]] from 1981 to 1983, recommended that Reagan invoke executive privilege to prevent a Democratic Party-led investigation into the scandal-ridden [[Superfund]] program.<ref name="auto1">{{Cite web|url=https://www.salon.com/2001/05/14/independent_counsel/|title=The first Ted Olson scandal|first=David|last=Neiwert|date=May 14, 2001|website=Salon}}</ref> These claims ultimately proved to be false, in large part.<ref name="auto1"/> In the end, it was Olson's mistakes that led to the departure of Reagan's appointed Environmental Protection Agency administrator, [[Anne Gorsuch Burford]]. As a result, Reagan's plan to reform environmental policy was derailed indefinitely.<ref name="auto1"/>

In the 1980s, Olson provided evasive answers to questions asked by the Congress about the scandal.<ref name="auto1"/> He was then investigated by an independent counsel for allegedly providing false testimony to Congress, which some have termed as [[perjury]], in an effort to conceal his own wrongdoing.<ref name="auto1"/> The investigation ended with the independent counsel ruling that Olsen's testimony was "misleading and disingenuous".<ref name="auto1"/> Olson was a prominent figure in the [[Arkansas Project]], which used the tax-exempt ''[[The American Spectator]]'' to transfer over $2 million to private investigators digging out anti-Clinton trash.<ref name="auto">{{Cite web|url=https://www.salon.com/2001/02/06/olson_3/|title=Ted Olson? You've got to be kidding|first=Joe|last=Conason|date=February 6, 2001|website=Salon}}</ref><ref>{{Cite web|url=https://www.salon.com/2001/04/05/olson_4/|title=Ted Olson's anti-Clinton past|first=Joe|last=Conason|date=April 5, 2001|website=Salon}}</ref> He suggested that officials of the [[Clinton administration]] were involved in illegal activities and compared the White House to a Mafia family in anonymous pieces for the ''Spectator''.<ref name="auto" />

Olson challenged California tribal gaming law, namely California's Proposition 5, from 1998 on.<ref>{{Cite web |url=https://news.bloomberglaw.com/business-and-practice/why-gibson-dunns-best-interest-of-the-child-has-a-dark-side |title=Why Gibson Dunn's 'Best Interest of the Child' Has a Dark Side |website=news.bloomberglaw.com}}</ref><ref>{{Cite web |url=https://www.latimes.com/archives/la-xpm-1999-aug-24-mn-3052-story.html |title=State High Court Overturns Indian Gaming Initiative |date=August 24, 1999 |website=Los Angeles Times}}</ref> In January 2022, Olson began representing Maverick Gaming, a Las Vegas-based, in a challenge to gaming compacts in [[Washington state]] that gave exclusivity to more than a dozen Washington tribes for [[sports betting]].<ref>{{Cite web|url=https://www.legalsportsreport.com/62391/analysis-washington-sports-betting-lawsuit-maverick-gaming/|title=Analysis: Washington Sports Betting Challenged By Maverick Gaming|first=John|last=Holden|date=January 12, 2022}}</ref> The case has been described as a threat to tribal sovereignty and may potentially result in a return to Termination Era policies of the 1950s.<ref>{{Cite web|url=https://www.underscore.news/reporting/experts-say-lawsuits-pose-greatest-threat-to-tribes-in-decades|title=Experts Say Lawsuits Pose Greatest Threat to Tribes in Decades|website=www.underscore.news|date=January 2023}}</ref> After participating as a defendant, the [[Shoalwater Bay Tribe]] filed a move to dismiss the case in October 2022.<ref name="auto2">{{Cite web|url=https://www.atg.wa.gov/news/news-releases/court-dismisses-maverick-gaming-lawsuit-challenging-washington-tribal-sports|title=Court dismisses Maverick Gaming lawsuit challenging Washington tribal sports gaming &#124; Washington State|website=www.atg.wa.gov}}</ref> In February 2023, the case was dismissed by [[David Estudillo]], the chief judge of the [[U.S. District Court for the Western District of Washington]].<ref name="auto2" />

== References ==
{{Reflist|30em}}

== Bibliography ==
* {{cite book |last=Olson |first=Theodore B. |year=2006 |title=The Senate Confirmation Process: Advise and Consent, or Search and Destroy? |location=Washington, D.C. |publisher=National Legal Center for the Public Interest |oclc=70790172}}
* {{cite book |last1=Boies |first1=David |last2=Olson |first2=Theodore B. |name-list-style=amp |year=2014 |title=Redeeming the Dream: The Case for Marriage Equality |location=New York |publisher=Viking |isbn=9780670015962 |url-access=registration |url=https://archive.org/details/redeemingdreamca0000boie}}

== External links ==
{{Commons|Theodore Olson}}
* [http://www.gibsondunn.com/Lawyers/tolson Gibson, Dunn & Crutcher profile]
* [https://web.archive.org/web/20040402183213/http://www.usdoj.gov/osg/aboutosg/t_olson_bio.htm Dept. of Justice biography]
* {{C-SPAN|13089}}
* [https://web.archive.org/web/20051127160038/http://newsmeat.com/washington_political_donations/Ted_Olson.php Campaign contributions made by Theodore Olson]

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{{S-legal}}
{{S-bef|before=[[Barbara Underwood]]<br />(acting)}}
{{S-ttl|title=[[Solicitor General of the United States]]|years=2001–2004}}
{{S-aft|after=[[Paul Clement]]}}
{{S-end}}

{{USSolGen}}
{{United states presidential election and recount, 2000}}
{{Authority control}}

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