Assuming the government doesn’t fall in the next few days, it does have one other card it can play: to prorogue again. This would of course be immensely controversial but the Supreme Court was clear that to do so for a short period, to prepare for a Queen’s Speech, was legitimate – and of course the quashing of the earlier Order means that this record Session now continues for even longer. I wouldn’t rule out Johnson trying it.
The consequences however run even deeper. The defeat of Johnson’s tactics also destroys his strategy, which had already been seriously undermined by the Act passed earlier in the month requiring him (or whoever might be PM at the time) to request an A50 extension if no agreement had been reached and approved by 19 Oct. As there’s practically no chance of such an agreement, and given the scale of the crisis in this government and the absence of any viable alternative, it’s now surely highly likely that we will have another general election before the A50 period expires – and that throws the entire future of whether Brexit will even happen into doubt.
Boris could keep Parliament quiet as it will go into recess around the Party Conference Season. He only needs to prorogue for three days and he has the same period of non-activity as before.
The more they persecute him, the bigger his majority will be once an election is called.
His response today –
Reacting to the Supreme Court ruling, Boris has reacted:
“I strongly disagree with this decision of the Supreme Court; I have the utmost respect for the judiciary, [but] I don’t think this was the right decision, the prerogative of prorogation has been used for centuries without this kind of challenge. It’s perfectly usual to have a Queen’s speech and that’s what we want to do.”