The government's strategy is becoming clear. If a deal is cobbled together in the next few hours or days, and it's by no means certain, it will be put to parliament in a meaningless take-it-or-leave-it vote. Leaving it would mean no-deal and chaos. And to cut down all other possible avenues government lawyers are fighting a desperate last ditch battle in the courts to prevent the European Court of Justice ruling on whether or not Article 50 can be unilaterally revoked.
Jolyon Maughan QC and others have been doggedly pursuing a case to get a definitive ruling on the question for a very long time. He first tried in Ireland, but failed. In September, in a defeat for the government, the Scottish Court of Session (HERE) ruled that the case had merit and that it should go to the ECJ. It was then fast tracked and due to be heard in Strasbourg on 27th November.
We thought we just had to sit back and wait for the European judges to issue a ruling, but no. The British government went to appeal and you can read their submission in an effort to get the case dismissed HERE. They argued it was hypothetical because they didn't intend to revoke it and also that the reaction of the EU27 was unknown.
Their appeal was heard last Thursday and the government was refused leave for a further appeal by the Scottish Court HERE. Again, I thought it would be the end of the matter and so did Joylon Maughan:
The Government's last ditch effort to block our attempt to empower Parliament to act in the national interest has failed. Application for permission to appeal refused - and the end of the line for the Government. https://t.co/zVtw8CxnXm— Jo Maugham QC (@JolyonMaugham) 8 November 2018
But the government has recruited yet more lawyers, ignored the Scottish Court and launched a second appeal, this time to the Supreme Court (HERE).
This is a really desperate last ditch attempt to prevent the case going to the ECJ. It is being seen as crucial to helping MPs in parliament make a decision. If Article 50 can be revoked, MPs would potentially have another option and Mrs May and the Brexiteers are desperate to block it off.
It would perhaps strengthen the resolve of those in The House who oppose Brexit and provide them with an argument against leaving either on May's terms or or without a deal at all. Plus of course, if another government came in before March next year, they would have an option to remain simply by revoking Article 50.
If the present government does not intend to revoke Article 50, the ruling is irrelevant to them so why go to these extraordinary lengths? It is nothing less than a shameful and devious attempt to ensure the "meaningful" vote is not too meaningful.
