A short thread, in advance of the decision today, on where things are with the Scottish proceedings. THREAD
The decision today is from the Outer House. There are two things to look out for. First, Boris Johnson is already acting unlawfully. The question is whether the Court give *orders* that he act as the Benn Act dictates.
This is important because (a worrying sign) there has ceased to be any political sanction for a PM failing to act in accordance with the law. So to ensure compliance with the rule of law there needs to be legal sanction.
Second, if the Court does make orders, what will those orders cover? Will they, in particular, cover his attempts to undermine Parliament's purpose in making the Benn Act that the PM try and get an extension?
If the Court does give those Orders and the PM breaches them then criminal sanction for his unlawful conduct becomes a real possibility. I do not want the country to be one where the PM faces imprisonment but even less do I want the country to be one where he is above the law.
Then tomorrow there is a hearing before the Inner House (Scotland's highest court). That hearing will cover (in all likelihood) two things. First, whether the Court should exercise its nobile officium. Whether, in other words, it should sign a document the PM must sign but won't.
We will ask it to exercise its nobile officium if the PM breaches his obligations to send the Benn Act letter or his obligations to agree (subject to Parliamentary control: see s.3 of that Act) an extension offered by the EU.
Second, whoever loses today is likely to appeal. That appeal may be heard tomorrow. I do not know the result today but I think an appeal may be more difficult than in the Wightman and Prorogation cases (both of which we lost before the Inner House but won on appeal).
Finally, it is widely believed that these cases will end up in the Supreme Court, perhaps in the week commencing 14 October. My personal view is that that is less likely than many expect. The issues in this case have real political consequences but are legally straightforward.
