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Welcome Back, Ted

This Thursday, for the first time since he argued before the Supreme Court in 2013 for a constitutional right to same-sex marriage, Theodore Olson will be back in the Federalist Society limelight. The former Solicitor General of the United States under President George W. Bush—for whom he successfully argued Bush v. Gore—will be talking not gay marriage but class actions and the BP oil spill settlement. A few years ago, that would have amounted to business as usual. Olson, a gifted communicator, would regularly serve as a Federalist Society speaker, even acting as their reviewer in chief after the Supreme Court wrapped up its session each June. However, when he rather publicly began calling for the court creation of “equal protection” rights utterly unfathomable to our nation’s founders, those duties generally ceased. Continue Reading »