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Yesterday, Gina Miller succeeded in obtaining a court ruling stipulating that Theresa May and her government cannot trigger Article 50, the EU’s Article governing withdrawal from the EU, without the consent of both the House of Commons and the House of Lords.  The ruling was made by three judges in the UK’s High Court: just three people who sit in one of the three senior courts in England and Wales.  The if… if… if… then… nightmare scenario I wrote about on July 4th has happened.

It seems to me that Theresa May has three options:

  1. Call the bluff and put it to a vote now.  She has a majority of 15 in the House of Commons and a party-whip vote should work but the House of Lords could put the kibosh on a House of Commons vote to proceed as per Theresa May’s stated end-of-March-2017 plan
  2. Call a snap General Election to take advantage of the disarray within the Labour Party, increase her majority, and then call the vote.
  3. Take the case to the Supreme Court, the highest court in the land, and hope the High Court judgement is over-turned.  This is already in motion.  The case is expected to be heard on December 7th next.

Sometimes, power to the people means power to just three people: Lord Chief Justice Roger John Laugharne Thomas Lord Thomas of Cwmgiedd, Lord Chief Justice Sir Philip James Sales, and Master of the Rolls Sir Terence Michael Elkan Barnet Etherton.  Don’t you find that amazing?