Former Solicitor General Theodore Olson, conservative lawyer who argued Bush 2000 recount case, dead at 84

Theodore Olson, the former conservative lawyer who argued the 2000 Florida vote-recount case on behalf of President George W. Bush, has died at the age of 84, his firm announced Wednesday. 

There was no immediate cause of death given for the former solicitor general, who is also remembered for teaming up with David Boies – his opponent in Bush v. Gore – to help overturn California’s Proposition 8 banning same-sex marriages. 

“Ted was a titan of the legal profession and one of the most extraordinary and eloquent advocates of our time,” Barbara Becker, chair and managing partner of Gibson Dunn, said in a statement. “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.” 

The firm said Olson, over his career, “argued 65 cases in the Supreme Court, including the two Bush v. Gore cases arising out of the 2000 presidential election; Citizens United v. Federal Election Commission; Hollingsworth v. Perry, the case upholding the overturning of California’s Proposition 8 banning same-sex marriages; and U.S. Dept. of Homeland Security v. Regents of the University of California, successfully challenging the Trump Administration’s rescission of the Deferred Action for Childhood Arrivals (DACA) program.” 

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Ted Olson testifies in Washington, D.C.

Former U.S. Solicitor General Theodore Olson testifies on the fourth day of Senate Judiciary Committee confirmation hearings for U.S. Supreme Court nominee Judge Brett Kavanaugh on Capitol Hill in Washington on Sept. 7, 2018. (Reuters/Chris Wattie)

“Ted’s Supreme Court arguments included cases involving separation of powers; federalism; voting rights; the First Amendment; the Equal Protection and Due Process Clauses; patents and copyrights; antitrust; taxation; property rights; punitive damages; the Commerce Clause; immigration; criminal law; securities; telecommunications; the internet; and other federal constitutional and statutory questions,” the firm also said. 

Olson served as the Justice Department’s assistant attorney general in charge of the Office of Legal Counsel between 1981 and 1984. He later was solicitor general of the U.S. between 2001 and 2004, during Bush’s first administration, according to Gibson Dunn. 

In addition to those federal roles, Olson acted as private counsel to Bush and former President Ronald Reagan. 

Since 2009, Olson served on the Board of Trustees for the Ronald Reagan Presidential Foundation and Institute. 

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Ted Olson and George W. Bush

Former President George W. Bush, former first lady Laura Bush and Theodore Olson, second from the left, who lost his wife during the 9/11 terror attacks on the Pentagon, participate in a moment of silence on Sept. 11, 2004 on the South Lawn of the White House. (Brendan Smialowski/AFP via Getty Images)

“His wisdom, candor, and willingness to help – no matter how busy he was – made him an invaluable member of the Foundation and Institute’s Board of Trustees,” Fred Ryan, the chairman of the board, said in a statement obtained Wednesday by Fox News Digital. 

“Ted Olson wasn’t just President Reagan’s attorney – he was his friend and confidant, and that friendship and bond only grew stronger after Ronald Reagan left office,” Ryan also said. “The President often credited him for keeping his spirits up when times were tough and President and Mrs. Reagan tried to return the favor when Mr. Olson lost his [former] wife, Barbara, who was onboard the hijacked airplane that crashed into the Pentagon on September 11, 2001.” 

Gibson Dunn added that Olson “was twice awarded the U.S. Department of Justice’s Edmund J. Randolph Award, its highest award for public service and leadership, and also received the Department of Defense’s Distinguished Service Award, its highest civilian award, for his advocacy in the courts of the United States, including the Supreme Court.” 

Ronald Reagan and Ted Olson

Former President Ronald Reagan, left, and Ted Olson. The Ronald Reagan Presidential Foundation and Institute described Olson as an “invaluable member of the Foundation and Institute’s Board of Trustees.” (Ronald Reagan Presidential Foundation and Institute)

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Gibson died at a hospital in Falls Church, Virginia, according to The Washington Post. 

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