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When Olson retired as the head of the Office of Legal Counsel, Cooper took his place.

Even in the Reagan Justice Department, it was clear that despite their shared conservatism, the two men had different ideas about how to apply it.

“I think if there is a human failing in formality, it prevents you from getting close enough to see that the other guys have feelings.” When I asked Cooper about the memo, he said he couldn’t think of any reason why he wouldn’t stand by his position, but he also hinted that he might be willing to reconsider it now.

“I would be willing to re-examine anything I’ve ever thought in the past to see if it owns up to any new information,” he said.

The woman, Barbara Bracher, was a law student doing research on the Bork confirmation hearings and had fallen asleep after a late night.

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Cooper and Olson are both part of Washington’s tiny tribe of top-flight conservative litigators.

Given their similar resumes, it is odd to find them on opposite sides of one of the most politically contentious Supreme Court cases of the 21st century.

When Olson and Cooper face off before the court in late March, they’ll not only be debating gay rights, but the nature of conservatism itself.

Cooper calls himself “an unrepentant and avowed originalist,” who “believes the letter of the law sticks” until the people change it through the political process (that is, through Congress, not through an intervention from the administration or the courts).

Olson may generally agree, but he was always more pragmatic than Cooper, especially when it came to controversial policies.

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