Several Tory MPs have hit out at the Prime Minister's plan to bring Britain out of the European Union without a deal in October, which could destabilise him further.
MPs are drawing up plans to compel Boris Johnson to break his "do or die" pledge.
However, Johnson, who replaced Theresa May on July 24 after she failed three times to get her withdrawal agreement through parliament, has refused to rule out proroguing the House of Commons and Brexit supporters have vociferously encouraged him to do so if necessary to ensure an exit on October 31.
MPs including Liberal Democrat leader Jo Swinson and SNP MP Joanna Cherry have shown their support for the case.
"It's great progress to have a full hearing in September before the Prime Minister can consider closing down parliament to force through a no deal Brexit". He would require the permission of the Queen to do so.
The shadow home secretary said it was "above my pay grade" to confirm whether the Opposition's bid to test MPs' level of support for the Prime Minister would take place immediately after Parliament returns in early September.
The case has begun at the Scottish court of session.
However, a majority of lawmakers in parliament have previously indicated they would not allow a no-deal Brexit.
A judge will decide today whether a legal challenge backed by more than 70 MPs attempting to prevent Mr Johnson doing so will be heard before October 31.
The latest legal challenge to Brexit has been masterminded by the same legal team that secured a victory at the European Court of Justice in 2018 over whether the United Kingdom could unilaterally cancel Brexit by revoking Article 50.
Jolyon Maugham QC, director of the Good Law Project, which is supporting the latest challenge, said: "A man with no mandate seeks to cancel Parliament for fear it will stop him inflicting on an unwilling public an outcome they did not vote for and do not want".
The Commons Speaker John Bercow has said the idea of the parliamentary session ending in order to force through a no-deal Brexit is "simply not going to happen" and that that was "so blindingly obvious it nearly doesn't need to be stated".
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