A group of 24 Remainer politicians have lodged a case with the Court of Sessions in Edinburgh with the aim of preventing Boris Johnson shutting down parliament to force through a no deal Brexit.
PLEASE WATCH THE VIDEO BELOW:
I talked in a video a couple of weeks ago about a Remainer plot to take a case to the Court of Sessions in Edinburgh during the parliamentary summer recess, to get a ruling to prevent Boris Johnson from proroguing parliament to stop MPs interfering with a no deal Brexit as the Hallowe'en deadline approached.
Well, the BBC now reports that case has been lodged.
The case will first be considered by a judge who will decide on whether it should be heard or not.
The group of 24 parliamentarians, which includes both MPs and Peers of the Realm, are fearful that Boris Johnson would use the procedure of prorogation to shut down parliament for up to two weeks prior to Brexit day on the 31st of October, if there was a chance that the House of Commons could somehow prevent the UK leaving the EU without a deal.
And the use of proroguing parliament is something that Boris Johnson has refused to rule out.
Now, the prorogation of parliament is the temporary shutting down of parliament between sessions and is coupled with the dissolution of parliament in the run up to a general election.
Importantly, prorogation is one of the remaining powers that the Queen has under her personal Royal Prerogative, a power she exercises under the advice of the Privy Council.
So Boris Johnson doesn't order Parliament to be shut down himself. He would be one of the four ministers that would meet with the Queen for a Privy Council meeting to advise her to shut parliament down by prorogation.
As the monarch is not accountable to the courts for her actual decision to prorogue, it looks like those Remainer MPs are attempting to get the Court of Sessions to issue what is known as a Declarator to say that ministers are not able to advise the Queen in the first place to shut parliament down for the purpose of forcing a no deal Brexit behind Parliament's back.
This is on top of the amendments made by Remainer MPs and Lords to the newly enacted Northern Ireland (Executive Formation) Act that requires the government to recall parliament for updates and debates on the Northern Ireland situation on certain dates in October, if parliament has been prorogued.
The Remainer politicians have called in the same legal team that was used to get the European Court of Justice (ECJ) to rule that the UK could unilaterally revoke the Article 50 letter so remaining in the EU, if it wanted to, without needing the permission of Brussels or the EU27 leaders.
As far as I can tell, this legal action in the Court of Sessions is a type of Judicial Review, like the Miller Case that, because it was a Remainer case, went through the system smoothly and efficiently to great fanfare and also like the Robin Tilbrook Brexit case that seems to have been completely buried by the system and actively ignored by the Remainer press.
Now, I have a few questions. Given that Robin Tilbrook put his case arguing that the first Article 50 extension was unlawful into the London courts back in April, some four months ago and that this new Remainer case against advising the Queen to prorogue parliament has just gone in.
Which ruling do you think will surface first?
Will the Tilbrook case ever see the light of day again?
Will the Remainer case be successful?
Will the Tilbrook case be successful?