But a motion of no confidence in the government only needs a majority of one - and could lead to a general election being held.
Remainer MPs are at loggerheads about how to force the Prime Minister to delay Brexit into the new year.
However in Scotland, a cross-party group of MPs and friends led by SNP MP Joanna Cherry QC gained a ruling from the Inside Home of the Courtroom of Session that Mr Johnson's prorogation resolution was illegal as a result of it was "motivated by the improper objective of stymieing parliament".
Opposition leader Jeremy Corbyn led the calls for Johnson's resignation Tuesday, saying the decision showed his rival's "contempt" for democracy and the rule of law.
September 11: The Inner House of the Court of Session in Scotland rules that the suspension was illegal and was meant to "stymie" Parliament ahead of the Brexit deadline.
In the week between returning from their summer break and parliament's suspension, MPs passed a law aimed at stopping Johnson delivering a "no-deal" Brexit next month.
His spokesman said that a failure to call a confidence vote this week would be seen as a mandate to proceed with his Brexit strategy.
"Parliament has been very good at saying what it doesn't want, but it's been bad at saying what it wants - that's the reality" Wallace said.
Cabinet minister Nicky Morgan tweeted that "we all need to remind ourselves of the effect of everything we say on those watching us".
He said it was "absolutely no disrespect to the judiciary to say I thought the court was wrong" to pronounce on a "political question at a time of great national controversy".
The UK Supreme Court ruled Boris Johnson's suspension of parliament as unlawful on Tuesday, seeing speaker John Bercow instruct Parliament to reconvene on Wednesday.
The PM, who has faced calls to resign, said he "profoundly disagreed" with the ruling but would "respect" it.
The unanimous ruling was followed by calls from opposition leaders for Johnson to step down as he was "unfit to rule".
Edward Park, deputy chief investment officer at Brooks Macdonald, commented: "This latest twist in the Brexit narrative likely delays the decision point for Brexit but does not make it any clearer whether the United Kingdom will leave with a deal, without a deal or not at all".
Normally, the process is a formality but Johnson's critics claim his advice to the monarch aimed at silencing lawmakers.
British Prime Minister Boris Johnson reiterated a call for "flexibility" from the European Union in Brexit talks during a meeting with Council President Donald Tusk in New York Monday (23 September) that failed to yield a breakthrough. "I welcome the Supreme Court's judgment that the prorogation of parliament was unlawful", he said, The Independent reported.
Announcing the result, the court's president Lady Hale said the move was unlawful because "it had the effect of frustrating or preventing the ability of Parliament to carry out its constitutional functions without reasonable justification". He suggested that in response, the government would try for a third time to call a snap election to try to resolve the political impasse over Brexit.
But he said he would not back an election until the prime minister's threat of leaving the European Union without a divorce deal was removed.