And as I remember, Olson’s name was floated as a possibility for a seat on the SCOTUS and he would have had great support among American conservatives.
I remember that too. The ironic thing is that is was likely pressure from the Left - who were angry about Bush v. Gore - that prevented Olson from getting nominated to the Supreme Court.
As the tally stands now, I’d say an Equal Protection challenge for gay marriage would likely win in the Supreme Court, with Justice Kennedy - a guy that very much likes to be liked - casting the 5th vote.
American conservatives in general? Possibly. But not among those conservatives who closely follow the Court. His moderate side has been known for years.