You lost in the Scottish appellate court. But you have an appeal at hand—to the United Kingdom Supreme Court (“UKSC”). Let’s say you prevail before the UKSC, and not only prevail, but you win bigly! Imagine: the UKSC holds that the content of the PM’s advice to the Queen related to the prerogative of prorogation is a non-justiciable, political question. There are no legal standards for the courts to apply. Prorogation is entirely discretionary. Everything you did was legal, and everything you might do in the future in regard to prorogation would (by implication) be legal too.
If the UKSC reaches such a decision, then the question becomes: What (if anything) will you do to take advantage of it? Will you prorogue Parliament from October 14, 2019 when Parliament returns, until November 1, 2019—post-Brexit? If you do not do so, you risk the Brexit Party saying that you pre-emptively disarmed, that you voluntarily surrendered a lawful tool to implement the referendum, and, in fact, you are just another Tory wet in the mould of Theresa May.
If you are sincerely trying to implement the referendum result, then its voters will expect you to make use of every legal tool within your power. Anything less would demonstrate that you are less than fully committed to: the result they voted for in the 2016 referendum, and the result you claim to support.
Seth Barrett Tillman, A Hypothetical for Prime Minister Boris Johnson, New Reform Club (Sept. 11, 2019, 7:29 AM), <https://reformclub.blogspot.com/2019/09/a-hypothetical-for-prime-minister-boris.html>.
See also: Seth Barrett Tillman, Prime Minister Johnson’s Last & Most Dangerous Ace, New Reform Club (Sept. 9, 2019, 9:19 AM), <https://reformclub.blogspot.com/2019/09/prime-minister-johnsons-last-most.html>.
See also: Seth Barrett Tillman, The Prime Minister’s Next Ace, New Reform Club (Sept. 7, 2019, 5:12 PM), <https://reformclub.blogspot.com/2019/09/the-prime-ministers-next-ace.html>.
See also: Seth Barrett Tillman, Boris Johnson Still Has An Ace Or Two To Play, New Reform Club (Sept. 4, 2019, 8:37 AM), <https://reformclub.blogspot.com/2019/09/boris-johnson-still-has-ace-or-two-to.html>.