The Court of Session Appeal Court has agreed with the petitioners. All three judges in the appeal court have stated that the prorogation of the Westminster Parliament is unlawful & unconstitutional.
BOOM!
There is no interdict (temporary stop to the action) as the case was already known to be going (final appeal) to the Supreme Court on Tuesday 17th.
BoJo is not out (yet), but he is reeling, on the canvas, and the referee has started the count.
Congratulations to Joanna Cherry (and others) for another famous victory. First victory was confirmation that Article 50 could be unilaterally revoked. Now, prorogation of parliament is judged to be unlawful.
Fingers crossed that the Supreme Court agrees.
Ach!
This thread was meant to be a continuation of my original post about the Cherry Case at The Court of Session:
https://mstdn.io/@fitheach/102610052767863091
In my excitement, I made a new post rather than a reply. 🙄
Unlikely looking heroes (is it the wigs?), but proclaimed as heroes nonetheless.
"Heroes of the people"
The action (sic) has now moved to the Supreme Court, for the final appeal (in the UK, anyway). As well as the Scottish case the N. Ireland and England & Wales cases are being considered at the same time.
A crowd has gathered outside the court.
You can watch proceedings live at this link:
Just back home (late #DogWalk, to-day).
The QCs for the petitioners (ones taking the action against Johnson's government) are going to town on the lack of a witness statement (affidavit). I just knew this would come back to haunt Johnson's government, after the Court of Session action. Regardless what else happens this will be crucial.
So, that's it, the Supreme Court has dismissed the appeal and confirmed that the prorogation of the Westminster parliament, on the advice of PM Boris Johnson, was unlawful.
What happens now? Who knows?
Nice quote from Joanna Cherry QC MP on the outcome of the Supreme Court appeal:
"It’s very much in keeping with the Scottish constitutional tradition that neither the government, nor indeed the monarch, are above the law."
Too true.
Joanna Cherry has written a nice summary of the court decision, and what (should) happen next:
https://www.thenational.scot/news/17923046.joanna-cherry-defining-moment-failure-british-state
So, PM Boris Johnson is in serious trouble regarding the unlawful prorogation of parliament.
Suddenly, *someone* leaks the legal advice from Geoffrey Cox (Attorney General for England & Wales) that the prorogation was legal.
It appears Mr Cox has been thrown under one of the PM's busses.
Seen elsewhere:
"Lady Hale and the Supremes" 😃
#DianaRoss #TheSupremes #BoJo #Brexit #CherryCase
Source: https://twitter.com/pforpaddy/status/1176484145171718144
I think you are right.
@ParadeGrotesque
Something about her body language, I think.
@fitheach
You'll not have been the only excited person after hearing that news.
It put a smile on my face.
@wizardofosmium
I'm not sure it will change much, about the Brexit situation, but it is an extraordinary development that the UK government has acted unlawfully.
TBH I've always been unhappy about the position of the Supreme Court, bu that is a fight for another day.
@ParadeGrotesque
I wonder if the wigs are still powdered.
Do judges wear wigs anywhere else in the world? Perhaps in some Commonwealth countries.
Mostly Commonwealth countries, yes.
I remember seeing the Ghana Supreme Court once (at least i think it was Ghana), and the wigs were... Let's say surprising.
Also funny: a lot of courts in Germany require their judges to wear funny little hats.
Here is a good comparison: http://jjmccullough.com/judges.htm
@ParadeGrotesque @fitheach We visited the UK Supreme Court - mostly because there’s a cafe and restrooms in the basement. But the court was a big surprise and amazingly open - tourists can wander around the building unattended and even walk into ongoing sessions. Our kid got to sit in the main judge’s chair and the guards had a good laugh about it. 😊
@tsturm
Well, let's hope your kid doesn't make a habit of visiting courts when he is older (unless he becomes a lawyer 😉 ).
@ParadeGrotesque
Lovin' the hats in Haiti.
I think I've discovered a new hobby: image searches for court costumes. 😃
@fitheach Lord Brodie looks like someone you don’t want to cross.
@tsturm
A Hanging Judge, maybe?
@fitheach I told him at that moment that he is the most powerful person in the UK as long as he sits there. Apparently that will be true now in another week.
@fitheach so what happens on 7th?
@zladuric
The 17th?
The final appeal* is heard at the Supreme Court.
* I say the final appeal because I am assuming the Boris Johnson government wouldn't appeal to the European Court of Justice. 😃
@fitheach yes, I've meant the 17th and the appeal. Say that the court still finds the move illegal. What then?
@zladuric
That'll be most interesting. BoJo will then have been in breach of the Court of Session Appeal decision, which may be impeachable. If so, then he couldn't be PM or MP and possibly go to prison. Cool, eh?
Regardless, if the Supreme Court also find that it was unlawful, then parliament must be reconvened. May not stop Brexit, but the government will look really stupid.
[Other legal opinions are available. 😃 ]
Well at least something should come out of it. Otherwise the message is that they (the governments) can just do whatever they please.
@fitheach but they have booke their add Holidays already
@yukiame
I'm hoping some of them might be spending their leisure time "at her Majesty's pleasure".
@fitheach yap she has a pleasure room in the basement of Buckingham palace
@yukiame
I was thinking more Tower of London or Wormwood Scrubs.
@fitheach what should come out of this?
@fitheach Too much buffering over here in NA I'm afraid.
@gemlog
I guess the SC didn't foresee the need for geographically dispersed CDNs. 
perhaps they should have listened to these two lads 30 years ago 😉
@fitheach Just informed Matt Beringer of The National of this clear breach of copyright. That Scottish rag can expect a 'cease and desist' and a take-down notice by the end of the week.
@andyc
Should think that is unlikely as the article was wriiten by Joanna Cherry, who is a QC.
Who is Matt Beringer?
@fitheach Lead singer of The National.
@andyc
No, no, no. That's Matt Berninger. No wonder my Internet search drew a blank. 😃
@fitheach If you’re in a patronage scheme and you don’t know who is lined up to be “that bloke”... then you’re “that bloke.”
@Shufei
Was that in the script for The Godfather?
@fitheach Ha, very like.
@Shufei
"sleeps with the fishes"
Here, here!
@ScottMortimer
A very parliamentarian response. 😉 Although, I believe it is actually "hear, hear".
@fitheach
I stand corrected.
@fitheach I'm really not into politics, but all this stuff going on has been so crazy I can't help but grab the popcorn
@mhamzahkhan
Yeah, UK politics has turned into a soap opera. We even have cartoon-style baddies, like Boris Johnson. From an entertainment standpoint, what's not to like?
I'm thinking Joanna Cherry QC MP was pleased with to-day's result.