Boris Johnson's suspension of Parliament is unlawful, Supreme Court rules

By Rob Picheta and Ivana Kottasová, CNN

Updated 4:53 p.m. ET, September 24, 2019
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8:24 a.m. ET, September 24, 2019

Boris Johnson says he "strongly disagrees" with the Supreme Court ruling

British Prime Minister Boris Johnson has given his first reaction to the the Supreme Court's ruling that his decision to suspend Parliament was unlawful.

“I strongly disagree with this decision of the Supreme Court," he told reporters in New York. "I have the utmost respect for our judiciary, I don't think this was the right decision."

Johnson attempted to deflect the political implications of the ruling: “The main thing is we’re going to get on and deliver Brexit on October 31," he added. "The claimants in this case are determined to frustrate (Brexit) and to stop that."

“It’s an unusual judgement to come to in my view ... the prerogative of prorogation is an old one," Johnson went on. He also said he was "not certain that the justices did say" that prorogation was unlawful and undemocratic. (They did, at least on the first part: the judges concluded the prorogation was "unlawful, void and of no effect.")

He continued to insist Britain would leave the EU next month. “As the law currently stands, the UK leaves the EU on October 31, come what may," Johnson said. In fact, the law also says that Johnson must ask for an extension if he cannot reach a deal.

8:09 a.m. ET, September 24, 2019

Brexit Party says Boris Johnson has failed

The battle lines are being drawn for the next -- and presumably rather imminent -- British general election.

Boris Johnson has been desperate to avoid having to extend Brexit, knowing that would severely damage his chances of holding off Nigel Farage's Brexit Party at the ballot box.

But his strategy has been defeated at every possible turn, and this morning's Supreme Court ruling has handed him a humiliating favor of historic proportions.

The Brexit Party has responded in turn, slamming Johnson for a failure to deliver Brexit on October 31 and predicting he will have to resign this week.

"As soon as Parliament is recalled, Boris Johnson is probably going to have to offer his resignation or there may well be a vote of no confidence," its chairman and MEP Richard Tice told the BBC.

"Then there is the question of a general election, and really and truly that should be as soon as possible, probably meaning the first half of November.

"And goodness me, what does it say about the so-called master strategist, Dominic Cummings? I trust he'll be offering his resignation today," Tice added.

7:57 a.m. ET, September 24, 2019

Johnson should get back to London and explain himself, says Cherry

Boris Johnson should cancel his plans in New York and return to London to face lawmakers, the MP and lawyer who brought the successful legal challenge has told CNN.

"There’s a constitutional crisis in the UK at the moment were heading towards Brexit without a plan," Joanna Cherry told Hala Gorani. "So Boris Johnson needs to get back here and answer to the British Parliament for what he has been up to."

Cherry also called on Johnson to step down.

"I do believe that he should resign immediately. I don’t think he will because he doesn’t operate to the same rules as other people. But he has been found by the highest court in the UK to have acted unlawfully -- this is just simply unprecedented," she said.

"Once parliament is sitting again members of parliament such as myself can ask the speaker to grant urgent questions which force members of the government to come to the dispatch box and answer those questions," she added.

As for the path forward, Cherry said "there are two options."

"There could be a general election but the clock is ticking down to the 31st of October," she said. "What we might need to do is, first of all, form some temporary government in order to seek an extension from the European Union, to hold a general election, or indeed hold a second referendum on the question whether or not the UK should be leaving the EU at all."

7:50 a.m. ET, September 24, 2019

A new low for Boris Johnson

Analysis from CNN's Luke McGee in London

Christopher Furlong - WPA Pool /Getty Images
Christopher Furlong - WPA Pool /Getty Images

Boris Johnson has had some awful days since becoming Prime Minister. But Tuesday’s ruling that his decision to suspend – or prorogue – the legislative branch of his own government was unlawful really sets a new low.

Those who opposed Johnson’s suspension, from opposition leaders to several of his own Conservative lawmakers, have already made clear their intention to get Parliament back on its feet and holding Johnson to account ASAP.

John Bercow, the Speaker of the House of Commons, has been out the blocks early, saying that “the prorogation was unlawful and is void” and therefore “the resumption of the business of the House of Commons” will take place Wednesday morning.

Untangling the parliamentary jargon, this means that Parliament never stopped sitting, meaning that there is no need for Johnson to lay out a legislative agenda nor to have a formal re-opening of Parliament in order to do so (his given reason for choosing to suspend in the first place).

On paper, this is all very embarrassing and damaging for a leader. But politics works in funny ways. Whenever Parliament comes back, the politics of the situation remain as deadlocked as ever and the October 31 Brexit deadline is still happening.

This leaves Johnson with two options: try to find a compromise in Parliament to get a deal through before October 31, or lean even harder into being Mr. Brexit.

As things stand, Johnson is perfectly placed to say that everyone is against him: the opposition parties, Parliament, the Speaker, and now even the courts. If he is forced to extend Brexit and hold an election, he can point his finger at his opponents and repeatedly say that the establishment stole Brexit from the people.

If he instead goes the compromise route, then he might get a deal through Parliament. However, if he does this, he leaves a space for someone else to scream Brexit betrayal.

Both options are risky, but that’s where Brexit has left British politics. And if Johnson wants a way out of this other than being the shortest-serving leader in history, then, at some point, there has to be a risk he is willing to take.

7:36 a.m. ET, September 24, 2019

Here's what you need to know

John Bercow speaks to reporters outside Parliament on Tuesday.
John Bercow speaks to reporters outside Parliament on Tuesday. TOLGA AKMEN/AFP/Getty Images

It's been a momentous morning in London, and Boris Johnson is starting his day in New York under immense pressure.

Here's a recap of where we stand just after 7 a.m. ET (noon local time).

  • The Supreme Court ruled that Boris Johnson broke the law: The country's highest court announced its staggering verdict on Tuesday morning, ruling that the Prime Minister unlawfully suspended Parliament and that, as a result, that suspension was null and void.
  • Parliament is set to resume on Wednesday: Lawmakers will return to the House of Commons at 6:30 a.m. (11:30 a.m. local time) tomorrow, the Speaker John Bercow announced after the decision. Since the prorogation is void, they essentially just need to get on the train to London and get back to work.
  • Lawmakers are calling for Johnson to resign: Johnson was met with a flurry to calls to stand aside in the immediate aftermath of the judgement, with opposition leaders saying his position is untenable.
  • We're still waiting for his response: The Prime Minister was set to meet with world leaders and speak at the United Nations General Assembly later on Tuesday. He may change his plans and return to London early -- and as of yesterday, he hadn't ruled out trying to suspend Parliament again.
7:22 a.m. ET, September 24, 2019

The House of Lords will return too

From CNN's Max Foster

UK Parliament's upper house, the House of Lords, has confirmed it join the House of Commons in resuming at the "earliest opportunity."

Following this morning's Supreme Court ruling that deemed Boris Johnson's prorogation of Parliament unlawful, the Lord Speaker, Lord Fowler, said:

“The judgment of the Supreme Court today is clear; Parliament is not prorogued. It is my expectation that the House of Lords will resume sitting at the earliest opportunity and I am in discussions with the Leader of the House of Lords, the Leader of Her Majesty’s Opposition and the other party leaders about the process.”

 

7:19 a.m. ET, September 24, 2019

Speaker John Bercow calls for resumption of Parliament on Wednesday

John Bercow, the Speaker of the House of Commons, has called for the House of Commons to return tomorrow, in a speech outside Parliament.

He said he welcomes the judgement from the Supreme Court.

"The citizens of the UK are entitled to expect that Parliament does discharge its core functions," Bercow said.

He added that he has instructed the House authorities to prepare for the resumption of Parliament, and to "ensure the House of Commons sits tomorrow, and that it does so at 11:30 a.m."

It will not be possible for a Prime Minister's Questions to be held, he says, which will be a relief to Boris Johnson -- who is currently in New York. But there will be full scope for urgent questions to be tabled.

Jeremy Corbyn is set to make his keynote speech at Labour's party conference tomorrow, but the party would likely move forward his remarks to allow Corbyn to attend Parliament.

6:58 a.m. ET, September 24, 2019

Will Johnson return to London?

The first opportunity to hear from Boris Johnson will be when he leaves his hotel in New York and heads to the United Nations General Assembly later this morning.

"Undoubtedly there will be a barrage of reporters’ questions -- and resignation will be high on the list," says CNN's international diplomatic editor Nic Robertson.

The decision was announced in the early hours of the morning on the East Coast, and Johnson will likely be working on a response.

"Does he wake up this morning and recognize this is not like the other days?” Robertson asks, noting he "can’t bluff his way through" this ruling.

“Will he change his agenda here and return to the UK?" adds Robertson.

6:44 a.m. ET, September 24, 2019

Where is Boris Johnson this morning?

Johnson at the UNGA on Monday.
Johnson at the UNGA on Monday. Spencer Platt/Getty Images

There's been no word yet from Boris Johnson, who will have received a rude awakening early this morning.

The British Prime Minister is in New York for the United Nations General Assembly, where news of the judgement broke shortly after 5:30 a.m. local time.

His team is now likely scrambling to respond to the staggering decision, which ruled that Johnson's suspension of Parliament was unlawful, void and has no effect.

They will also likely be assessing his scheduled speech to the assembly,

But he will undoubtedly have to face the music sooner rather than later. The court's ruling is the latest and most significant blow to the Prime Minister, who has already lost every vote he has faced in Parliament and seen his majority in the chamber wiped away.