Ted Olson, Who Argued Against PASPA and Helped Legalize Sports Betting, Dead at 84

Posted on: November 13, 2024, 03:07h. 

Last updated on: November 13, 2024, 03:07h.

Devin O'Connor @CasinoorgDevinO Read More
Expertise: Asia Pacific Gaming, Commercial Gaming, Legislation, Politics.

Theodore (Ted) Olson, an American lawyer who served as the 42nd solicitor general of the United States under President George W. Bush and the U.S. assistant attorney general of the Office of Legal Counsel under President Ronald Reagan, died today at the age of 84.

Ted Olson sports betting Supreme Court
New Jersey Gov. Chris Christie (R), right, speaks in front of the United States Supreme Court alongside attorney Ted Olson on Dec. 4, 2017, in Washington, D.C. Olson died on Nov. 13, 2024, at the age of 84. (Image: Getty)

Olson, a conservative constitutional lawyer, argued more than 60 cases before the U.S. Supreme Court.

Among his notable cases was Bush v. Gore, the landmark 2000 decision that settled a presidential election recount dispute in Florida that delivered Bush the White House. Years later, to many in the Capital Beltway’s surprise, Olson represented same-sex couples in successfully overturning Proposition 8, a 2008 ballot referendum in California that had banned same-sex marriage.

Olson’s legacy also contributed to the U.S. gaming industry, as he was instrumental in leading New Jersey’s legal challenge of a federal law that had banned single-game sports wagering everywhere other than Nevada.

Sports Betting Champion

In 2010, New Jersey voters overwhelmingly backed a statewide ballot referendum to authorize sports betting. The state legislature passed a law two years later to allow sportsbooks to operate at Atlantic City casinos and horse racetracks.

New Jersey’s sports betting law was contested by the NCAA and “big four” pro sports leagues — the NFL, MLB, NBA, and NHL. New Jersey’s U.S. District Court and the Third Circuit Court of Appeals sided with the leagues on their claim that the Professional and Amateur Sports Protection Act (PASPA), being a federal law, superseded New Jersey’s sports betting law.

Then-Gov. Chris Christie (R), who called Olson a friend for decades, asked the constitutional expert if he would join New Jersey’s team to defend its law before the Supreme Court. Olson agreed.

I thought it was a wonderful opportunity to deal with a complicated but important constitutional question. I was delighted that [Christie] asked,” Olson said during a 2018 interview with iGB North America, an online media outlet focused iGaming news.

Olson successfully led New Jersey’s appeal to the Supreme Court on grounds that PASPA violated anti-commandeering interpretations of the U.S. Constitution and the Tenth Amendment. In a 7-2 decision, with all conservative members of the court in the majority, the Supreme Court overturned PASPA in May 2018.

The historic ruling gave states the right to determine their laws on sports gambling. Today, nearly 40 states and Washington D.C. have legal, regulated gambling on college and professional sports.

Olson said the crux of the successful 2018 argument came down to the fact that Congress cannot force some states to not do something while allowing another to do that very thing.

If Congress wants to regulate sports wagering, it may and must do so itself — Congress cannot compel states to regulate ‘as its agents,'” Olson said in his argument before the Supreme Court.

9/11 Loss

Olson is survived by his wife, Lady Booth, a tax lawyer and lifelong Democrat, who he married in 2006. Olson’s former wife, Barbara Olson, died in the Sept. 11 terrorist attacks. She was aboard American Airlines Flight 77, which was flown into the Pentagon.