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I don’t think @peston is right to say that the Supreme Court would be back in action. This is not a hard question of law: the Government can’t in a second letter try to undo the effect of the first. No court would construe the Benn Act as permitting that “clever” wheeze.
It would be a couple of hours in the High Court; prohibition or quashing order; permission to appeal refused. That is, if Johnson is still helplessly clinging on as PM by that point.
Basic rule of law: “clever” wheezes designed to get round what the statute clearly intended don’t work.
Snap.
Oh - and @xtophercook reminds us of another occasion where a “clever” wheeze by Cummings didn’t work.
