Ted Olson, Lawyer Who Successfully Argued To Overturn PASPA, Dies At 84

Theodore “Ted” Olson, the lawyer who successfully argued Murphy v. National Collegiate Athletic Association in front of the United States Supreme Court, thereby overturning the Professional and Amateur Sports Protection Act (PASPA) and paving the way for states to make their own determination on the matter of sports betting, has died.

His death was announced by his law firm, Gibson Dunn. Olson was 84.

“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 release. “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.”

While Olson handled many high-profile cases in his storied career, to a generation of sports bettors he is the man who carried the ball across the legal goal line in overturning PASPA.

“The one advantage that we had was we had Ted Olson,” former New Jersey Gov. Chris Christie said on the Gamble On podcast last year. “The best living Supreme Court advocate. He has won 78 percent of his cases that he argued before the Supreme Court. And no one has argued more cases before the Supreme Court.”

‘We got the best Supreme Court advocate’

Christie was governor in New Jersey when the state voters — by a 2-to-1 margin — voted to legalize sports betting in 2011. A federal injunction was slapped on the state, prohibiting sports betting — due to PASPA.

“I called Ted immediately, and thought the leagues had already locked him up,” Christie recalled. “I told him the situation, asked him if he was conflicted. And he said no. And I was I like, ‘Yes!’ We got the best Supreme Court advocate.”

Once that happened, Christie said he put the odds of an eventual victory at +150.

“Without Ted, we wouldn’t be at +150,” he quipped, noting they lost six times in lower courts.

But Olson, according to Christie, had even more confidence, even as the losses piled up.

“Ted Olson called me, and he said, ‘I know you spent millions of dollars on me, I know I’m oh-for-six right now, but I’m telling you, if you give me one more shot at the Supreme Court, I know I’ll win,’” Christie said.

Ted talks

Just last month, Olson appeared on Michael Lewis’ podcast, Against the Rules, and spoke about the case. 

“What happened here is we wanted to test the constitutionality,” he said. “Nobody broke the law, the legislature passed a statute changing the New Jersey constitution and statutes, and at that point our opponents asked to stop this process,” he said. “It’s very rare that you have an opportunity to challenge the constitutionality of an act of Congress and seek a court to overturn an act of Congress on constitutional grounds. There was not much precedent.”

Joe Brennan Jr., who now serves as executive chairman for Prime Sportsbook, had a front row seat from day one in New Jersey’s battle to overturn PASPA. He was the director of iMEGA, which drew up the state’s constitutional amendment that was brought to the voters.

“Ted Olson was a truly rare thing: an indispensable man,” Brennan Jr. told Casino Reports. “There are a lot of people who worked on the effort to overturn PASPA to legalize and regulate sports betting, but when it came to articulating the case in the U.S. Supreme Court, it was essential and fortunate that Ted was the one who made it. His presence and gravitas elevated the argument, beyond simple questions about sports betting and money, and firmly rooted it in the powers of the U.S. Constitution. I don’t know if anyone else who could’ve done it. We were extremely lucky to have him as our champion.”

Hanging chads

Of course, Olson had a little bit of a career before Murphy v. NCAA.

One other case he handled that some may be familiar with: Bush v. Gore.

Olson argued on behalf George W. Bush that the Supreme Court should halt the Florida recount in the 2000 presidential election. The court agreed, by a 5-4 margin, effectively putting Bush in the White House.

He also served under Bush as solicitor general from 2001 to 2004.

And while known in legal circles as bending more to the conservative side, he was equal opportunity when it came to the matter of law.

He partnered with his Bush v. Gore opposing counsel, David Boies, to challenge a California amendment that banned same-sex marriage. Later, he declined an opportunity to join then-President Donald Trump’s legal team during the special counsel investigation led by Robert Mueller.

In the end, he argued over 65 cases in front of the Supreme Court, was named one of the 100 most influential people in the world by Time magazine in 2010, and served as private counsel for both Bush and, earlier, President Ronald Reagan.