Supreme Court blasts Boris

The Supreme Court has unanimously ruled that Boris Johnson’s decision to suspend parliament for five weeks was unlawful. The judgment, read out by president of the Supreme Court Lady Hale, concluded that “the prime minister’s advice to Her Majesty [to suspend parliament] was unlawful, void and of no effect.”

The case was referred to the Supreme Court after being heard in the Scottish courts – a similar case brought to court in England did not find the suspension unlawful.

Labour MP Ian Murray, who was among those who brought the case in Scotland, said the result was an “astonishing rebuke to Boris Johnson for his disgraceful behaviour”.

Boris Johnson responded just after 1pm UK time, saying: “Obviously this is a verdict that we will respect and we respect the judicial process.”

“I have to say that I strongly disagree with what the justices have found. I don’t think that it’s right but we will go ahead and of course Parliament will come back.”

Since the judgement Speaker John Bercow has announced that parliament will return at 11.30am tomorrow, but that there will be no PMQs. Bercow did, however, hint at the possibility that MPs could submit applications for emergency debates under Standing Order 24. It was under an SO24 that Sir Oliver Letwin took control of the business of the house to pass legislation that calls for Boris Johnson to seek an extension to Article 50 in place of a no-deal Brexit on 31 October.

We may see MPs attempt to pass motions preventing Boris Johnson from proroguing parliament again – which he is not prohibited from doing under this Supreme Court ruling.

Meanwhile, Boris Johnson is at the United Nations in New York. He was due to meet Irish Taoiseach Leo Varadkar and President Trump; address the general assembly; and speak to US business leaders about Brexit. Whether any of these things will go ahead is unclear. And we still don’t know whether he will return to the UK for parliament tomorrow. ITV’s Robert Peston reports that there will be a cabinet meeting by phone later today.

Before the ruling was announced, Johnson said he would not resign if the judgement found his actions unlawful.

Jeremy Corbyn, speaking to raucous applause and a standing ovation at Labour Party Conference, called for Boris Johnson’s resignation. He said his prorogation “demonstrated a contempt for democracy and an abuse of power.” His keynote conference speech has been moved to this afternoon rather than tomorrow, presumably so he can be present in parliament when it returns to sitting.

Dominic Cummings, Boris Johnson’s chief political aide, has come under fire from Tory MPs, with the Telegraph reporting that one unnamed MP said: “If there is one thing that is 100% clear after this it is that Cummings must go and now. It is entirely his failure and he must pay the price now.”

This is an unprecedented situation for the government and it is unclear what happens next. Boris Johnson is not technically prohibited from proroguing parliament again, although he is unlikely to do so, fearing likely criticism that he is further involving the crown in politics.

The crucial takeaway from the proceedings and conclusion is that the supreme court has formalised the government’s subservience to the Commons. That means if the Commons does not want a no deal Brexit Johnson could be out of options to get round them.

Conservative Party conference is due to take place next weekend and early next week – in such uncertain circumstances it is unclear how much of it will go ahead.

Let us know your view. Send a letter for publication to letters@reaction.life.