Theodore Olson (1940-2024)

I am deeply saddened by the passing of Theodore Olson. Ted, as he was known, was a giant in the conservative legal movement. Generations of law students will study his defeat in Morrison v. Olson, as well as his victories in Bush v. Gore and Citizens United. But Federalist Society members, in particular, owe Ted a special debt. He was instrumental in the flourishing of our society. Here, I will relay one small anecdote, that I’m sure many will share.

For years, the Federalist Society has held the student leadership conference every July. In more recent years, the reception has been held at the United States Supreme Court. But in the 2000s, the reception was held at Ted Olson’s home in Northern Virginia.

I was fortunate enough to attend the gathering in July 2008, after my second year of law school at George Mason. As I recall, we instructed to park our car at a nearby church, and ride a shuttle bus to Ted’s home. (I sat next to a student from Harvard named Sarah Isgur.)

Entering the Olson estate was like walking into Disneyland. There was a huge backyard with an enormous swimming pool. There was something that looked like a robot cleaning the bottom of the pool. Such a gadget may be common nowadays, but it was beyond futuristic sixteen years ago. I remember just walking around in awe at the luminaries I saw. I walked onto the back porch and Judge Robert Bork was sitting there, drinking Iced Tea. The year before, Bork was injured in a fall at the Yale Club in New York. Bork was complaining about his leg, which was still bothering him. I was tempted to ask Bork about the Ninth Amendment and the “inkblot” comment, but I figured I would come across as a smartass, so I didn’t. In hindsight, I am grateful I just sat and listened to him chat about whatever was on his mind.

I walked around the ground and saw Justice Samuel Alito. He was wearing a polo shirt. I was star struck. We chatted for a few moments, and I sheepishly asked for a picture. I also asked the then-Junior Justice to sign my pocket Constitution, which he did. I continued to walk around and I found the host of the party Ted Olson. I don’t remember exactly what I said, but I recall thanking him for hosting us at his palatial home. He was very gracious. I asked Olson if he too would sign my pocket Constitution. Olson gladly did. And, for good measure, I saw Judge Dave Sentelle. He too signed that Constitution. That Constitution now hangs on the wall in my office, alongside another Constitution that is signed by Justices Thomas and Scalia. These are among my most prized possessions.

Last year, I chatted with Ted after the 2023 Olson Lecture. I relayed to him this story about my experience at his home, and I shared how meaningful it was to me and countless other FedSoc members. He beamed with pride. It was an exchange I will not forget.

Ted will be deeply and profoundly missed. The 2024 Federalist Society Convention will not be the same without his presence.

Here is the photo of me with Justice Alito in July 2008. This is what Ted’s backyard looked like!

And here is a photograph of my signed pocket Constitutions.

I’m sorry I don’t have a better photographs to share. I am on the road, staying in the soulless Washington Hilton this evening. I’ll share my longing for the Mayflower in another post.

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