BORIS Johnson has LOST his historic Supreme Court battle on the Parliament shutdown – but has vowed to remain at No10.
The defiant PM has refused to quit and will fight on to deliver Brexit in time for October 31.
Furious Remainer MPs have called for Boris’ head after 11 justices found he mislead the Queen and his decision to stop MPs from sitting was “unlawful”.
Today’s historic decision follows a dramatic three-day hearing last week where top lawyers battled it out over whether the PM’s move to stop MPs sitting was “unlawful” and he mislead the Queen.
The PM could now be forced to jet back from the UN summit in New York to deal with the chaotic fall-out from the ruling.
It is unclear what the next step will be but in documents presented to the court by the government there were three options – two of which included Boris suspending Parliament for a second time.
The other outcome could see the court order MPs to be recalled.
However, it has been suggested that if Boris refuses to let MPs sit – and ignores the court order- Speaker John Bercow could bypass No10 and recall them himself.
Issuing his own pre-emptive strike last night, the PM also refused to rule out proroguing it a second time.
Instead, he insisted he was right to ask Her Majesty to order the controversial five week suspension as it wasn’t about muzzling the Commons on Brexit.
Asked if his position will be untenable if he was found to have mislead the 93-year-old monarch, the PM insisted: “No. I think the reasons for wanting a Queen’s Speech are extremely good”.
Boris spoke while meeting world leaders during a two day-long UN summit.
Mr Johnson’s critics have called for his head if the judges today rule that he acted illegally in suspending Parliament.
Mounting another impassioned defence of the action, Boris insisted: “As everybody knows, Parliament has been sitting for the longest period since the civil war.
“To the best of my knowledge, it has not sat in the period between the end of September and beginning of October in a hundred years.
“We must have a Queen’s speech. We have a big domestic agenda. We have to get on with tackling the people’s agenda.
“When it comes to Parliamentary scrutiny, what are we missing? Four or five days, when it’s had three years to discuss this issue.
“Donnez-moi un break. It’s absolute nonsense.”
Mr Johnson instead laid down the gauntlet to MPs, saying: “I think the people of this country aren’t convinced Parliamentarians want to get Brexit done, now is the time to show it.”
We must have a Queen’s speech. We have a big domestic agenda. We have to get on with tackling the people’s agenda.
Asked to say he wouldn’t send MPs away again, Boris ducked the question to say instead: “I am saying Parliament will have bags of time to scrutinise the deal and that’s what I hope it’s able to do.”
Seven of the 11 Supreme Court judges who presided over last week’s three day appeal hearing will be present in court this morning for the judgement’s handing down by president Lady Hale.
The large number is being interpreted as a sign that the judges were split on their thinking.
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Theresa May’s former chief of staff in No10 slammed Boris yesterday over the prorogation decision, dubbing it “bad politics”.
Lord Barwell also said it would be a “very serious issue” if Mr Johnson was found to have acted illegally.
Labour’s Shadow Brexit Secretary Sir Keir Starmer said Parliament should be recalled immediately if the Supreme Court finds against No10, vowing: “I’ll get the first train back.”
The Supreme Court has been urged by Remain lawyers to demand that MPs are recalled next week if it rules that Boris Johnson misled the Queen[/caption]
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