Corbyn v Smith: a battle not for the ballot, but for hearts and minds

Any sensible judge knows that fiddling with the party rulebook will not win this struggle for the membership’s enthusiasm

“I’m with the Corbynites on this one,” is not a sentence I try to write very often, and I last did it when Corbyn voted against David Cameron’s token bombing raid over Syria last year. But here we are, facing an imminent high court ruling on whether or not the incumbent should be on the September leadership ballot paper.

Of course it should – and sensible judges know they should steer clear of what are essentially political decisions, not subject to the kind of legalistic jiggery-pokery evident in the court application launched by Labour donor and ex candidate, Michael Foster. No disrespect to Foster or his legal team, but it would be a disaster if they derailed the leadership contest now, even though we and the bookies assume that Corbyn will win handsomely and continue his reign of error. As I write, Owen Smith is laying out his challenger’s stall. Full marks for intelligent opportunism and courage, but it’s not going to reverse the Corbyn tide – not yet.

Related: Labour donor to mount legal challenge over leadership ballot

Related: This Labour battle isn’t Blairites v Corbynistas. It’s over progressive change | David Wearing

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