Facts

On 24 September the 12 justices of the Supreme Court unanimously found that Johnson’s prorogation was unlawful. The Supreme Court did not say whether or not Johnson had misled the Queen, or attempt to make a judgment about his reasons for proroguing Parliament. But Lady Hale, reading the court’s judgment, said proroguing had the effect of “frustrating or preventing, without reasonable justification, the ability of parliament to carry out its constitutional functions” and for this reason was unlawful.

Verdict

Michael Gove’s assertion was not convincing.