The challenge to prorogation is currently being broadcast. I’ve previously been critical of the way that the Supreme Court goes about its business, and the current hearing does not give me any reason to think differently about that. The hearing has been punctuated by confusion about supportive documentation – misleading reference numbers, flapping between paper and electronics, and to cap it, Lady Hale’s computer failure this morning.
Having said that, I am going to take my courage in both hands and try to second-guess the outcome. The government’s submission basically has been to say, ‘hands off’, and the most persuasive part of that case has been a series of previous instances where prorogation has been used politically. And then, I think, the government’s counsel undermined his position, possibly fatally. This is a clip from this morning’s hearing, as summarised in the Guardian briefing.