All rise for the 11 judges ruling on Brexit
Every member of Supreme Court to sit for historic case that has already drawn Eurosceptics’ anger
FOR the first time since the Supreme Court’s creation in 2009, all 11 of its judges will be sitting tomorrow to hear a case that will define how Britain leaves the European Union.
So unique is the moment that the justices have reportedly been practising processing into the courtroom in anticipation of the attention the hearing will bring.
Intense debate has erupted about how the judges will approach a topic of such national importance and whether their own personal views are relevant.
Eurosceptics have raised questions about the impartiality of some of those presiding over the case. Lord Neuberger of Abbotsbury, president of the Supreme Court, made headlines when it emerged his wife had called the referendum “mad and bad” on Twitter.
Lady Hale, the court’s deputy president, faced criticism for a speech ahead of the Brexit case where she questioned whether a new law alone was enough to start negotiations
The criticism has infuriated some in the legal profession concerned that portraying judges as subverting the will of the British people is undermining the judiciary’s independence.
It is expected by government figures that the 11 judges will attempt to reach a unanimous verdict, though it remains possible some could dissent.
The judges are not the only ones in the spotlight. The Government’s most senior lawyer, Jeremy Wright, the Attorney General, is under pressure to perform after claims he lacks legal experience. Mr Wright, who only became a QC when named Attorney General, came under fire from Tory MPs after the Government’s unexpected defeat in the High Court last month.
He will be up against Lord Pannick, who is leading the case for the claimants. The crossbencher is described as “one of the UK’s most highly regarded advocates” by his law firm.
Unlike the High Court battle, this hearing will have an explicit Scottish angle. Lord Keen of Elie, Advocate General for Scotland, will be fighting Theresa May’s corner as he argues that the Scottish Parliament should not have a veto over starting Brexit talks.
He is described as a “top class lawyer” by legal figures who say his knowledge of the constitution will be crucial during grillings from the 11 judges.
He will face James Wolffe, the Lord Advocate, who will argue the Scottish Government’s claim that MSPs must be consulted before Brexit talks start.
Nicola Sturgeon, the SNP leader and Scottish First Minister, praised his “outstanding legal background and extensive experience” when he was appointed in June this year.