ANOTHER week, and another round of polls showing growing momentum for an independent Scotland. A Panelbase survey commissioned by ScotGoesPop! and supported by The National has shown not only support for Yes at 52% – the highest for more than three-and-a-half years – but also added to the debate about how to make sure indyref2 takes place.
If Boris Johnson continues to say no to a second referendum, more than half of Scottish voters believe the idea the Scottish Parliament can hold its own vote should be tested in the courts.
It’s a strategy which Nicola Sturgeon hasn’t fully ruled out – but neither is she yet fully supportive of it. When she outlined her next steps for the campaign recently, she warned of the uncertainty of the outcome of any such case and the possibility it could move a referendum closer, or represent a step back.
There’s no doubt the impasse at the moment is frustrating. With the UK Government unlikely to grant a Section 30 order any time soon, the prospect of indyref2 still seems far away on the horizon. After all, what’s the point of support for independence continuing to grow when there is such a seemingly insurmountable block on the means of making it happen?
What the Panelbase poll shows, though, is that many Scottish voters see the idea of embarking on a legal fight with Johnson as a fair route to take. Some may dismiss the chances of success, but there have been precedents with successful challenges over constitutional issues connected with Brexit – such as the ruling that Article 50 could not be triggered without the approval of MPs and the prorogation of Westminster by Johnson was unlawful.
And while it may be a gamble, what’s the alternative if the SNP win a majority at the Holyrood elections next year and Johnson still says no?
The timing of any such legal action will of course be crucial – but now is the moment to begin the preparations to tell Johnson “see you in court” if he continues to block Scotland’s demand for indyref2.
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