10 of the UK’s Supreme Court judges voted to remain, and Lord Wilson voted to leave.
We don’t know how any of the Supreme Court judges voted.
We’ve been asked by our readers to check posts on Facebook, claiming that 10 out of 11 Supreme Court judges (who unanimously agreed that proroguing parliament was unlawful) voted to remain in the EU referendum. The image claims the only leave voter was Lord Wilson.
On top of this, all judges (also known as justices) must stay impartial when it comes to political matters. The Judicial Code of Conduct says justices must refrain from “any kind of party political activity and from attendance at political gatherings” or “taking part in public demonstrations which might diminish their authority as a judge or create a perception of bias in subsequent cases”.
The Courts and Tribunals Judiciary guidance also states that “it is of vital importance that judges are seen to be both independent and impartial”.
As such, anybody claiming that they know how the justices voted needs to provide evidence of how they know this. We have seen no evidence that would support this claim.
Two of the Supreme Court judges (Lady Arden and Lord Reed) are ad hoc judges of the European Court of Human Rights. This court is not part of the EU’s legal system, and separate from the Court of Justice of the European Union, which is responsible for making sure EU member countries comply with EU laws. The European Court of Human Rights doesn’t have the same members as the EU—for example, it includes Russia.
This article is part of our work factchecking potentially false pictures, videos and stories on Facebook. You can read more about this—and find out how to report Facebook content—here. For the purposes of that scheme, we’ve rated this claim as false because we don’t know how these judges voted in the EU referendum and no evidence has been provided to support it.
Correction 11 October 2019
The original article incorrectly stated that Lady Arden had not been on the prorogation case. This has now been corrected.
Can you help protect this election from the influence of bad information? Support Full Fact
This election, clear, accurate facts won’t always be a guarantee. False and harmful claims are spread every day by our public figures and media. Intentional or not, they have the power to shape the choices we make. We all deserve better than that.
That’s why we’re fighting to keep this election more honest and accountable. And we can’t do it without you. In a fast-paced campaign, our supporters mean we can hold all candidates to the same three principles: get your facts right, back them up with evidence, and correct your mistakes.
Just a small monthly donation keeps us scrutinising the most harmful false claims around the clock, and challenging the people who make them.
If you, like us, don’t want your vote to be influenced by bad information, can you help out?