Ray Brescia (’92), Associate Dean for Research and Intellectual Life and Hon. Harold R. Tyler Chair in Law and Technology at Albany Law School, published an opinion in The Daily Beast referencing Rudy Giuliani’s recent disbarment in the District of Columbia for “making repeated false statements in his efforts to overturn the 2020 election,” and urging courts to “take preemptive measures” that would prevent a similar situation from occurring in the upcoming election (“Rudy Giuliani Ruling Shows Why We Must Insurrection-Proof Our Courts,” Sep. 30). Ray argues “courts should not stand still and wait for cases to emerge and misconduct to take place for them to take any actions to deter such behavior. Indeed, court officials can issue directives to the judges within their systems to make it clear that those judges have the authority to take swift and significant actions should lawyers present baseless claims before them.” Doing so protects the courts from bad actors, “making it more difficult for those who might use them to sow division, prevent the peaceful transfer of power, and generally strive to undermine our democracy,” he said.
