The Benn Act was passed by opposition MPs in Parliament last month.
He has not explained the apparent contradiction in his comments and opponents say they believe he will seek some kind of legal escape route or try to pressure the European Union into refusing to agree to an extension request.
Under his plan, sent to European Commission President Jean-Claude Juncker Juncker on Wednesday, there would be two new borders after Brexit if new trading arrangements were not in place: a customs border between Northern Ireland and Ireland, and a regulatory border between Northern Ireland and Great Britain.
They filed two linked challenges to Johnson in Scotland's senior courts, seeking an order forcing him to abide by the "Benn Act".
Maugham posted documents on Twitter on Friday showing Johnson telling the Scottish court that he will seek a delay if there is still no deal by October 19. The Queen is not going to fire the prime minister.
Mr Scully added there was a "lot of sympathy" amongst members of the ERG to get the deal by the Commons, saying: 'It does most of the things that Leavers asked of our Government to sort out'.
One EU official with knowledge of the situation told the paper United States trade officials had told their British counterparts that standards would need to be altered for there to be a chance of a post-Brexit trade deal.
Brussels had found no reason to enter into negotiations as UK Prime Minister Boris Johnson insists on a customs border between Northern Ireland and the Republic of Ireland.
"If Boris Johnson tries to defy the law and defy both the Holyrood and Westminster parliaments by crashing out of the European Union without a deal - then we are calling on the Scottish courts to uphold the law".
UAW strike could cost GM about $1 billion
Workers are having to get by on $250 per week in strike pay instead of their normal base pay of about $1,200 per week. And while the strike is hurting both the company and the union workers, nonunion workers say they may be worse off.
The taoiseach said that Friday would be a reasonable deadline for new proposals, but that it was not his job to set one and he did not want to set a false deadline.
The border between Ireland and Northern Ireland has been a stumbling block in the talks. Tusk spoke out after a 20-minute call with Irish Premier Leo Varadkar.
The former prime minister, who infamously quit the day the European Union referendum result revealed Vote Leave had won with 52 percent of the ballot, said he "completely supports" Mr Johnson's attempts before adding that a deal with the European Union was the "right answer" in the current Brexit enigma.
The Prime Minister's Europe adviser, David Frost, has been in Brussels for technical talks with officials.
The proposals "don't come close to what London and Brussels had previously agreed", the statement said.
On Friday night he tweeted "new deal or no deal - but no delay".
The blow in the race to find a solution came after the European Commission in Brussels said there is no ground to accept a request from Britain for "intensive" weekend negotiations two weeks before an EU summit on October 17.