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The state of Arizona has officially filed a lawsuit against House Speaker Mike Johnson, alleging that his delay in swearing in Rep.-elect Adelita Grijalva violates the US Constitution.
Some shit you should know before you dig in: If you’re unaware, Congresswoman-elect Adelita Grijalva is the daughter of the late Representative Raúl Grijalva, whose seat in Arizona’s 7th Congressional District she was elected to fill in a special election held on September 23. Following her victory, Grijalva pledged to become the 218th signer on a discharge petition aimed at forcing a House vote to compel the Department of Justice to release all documents related to Jeffrey Epstein (a move that would give the petition the exact number of signatures needed to bypass House leadership and bring the measure to the floor). Speaker Mike Johnson initially delayed her swearing-in by claiming the House was out ofregular session and then said he would not move forward with a vote until the government shutdown ends. Despite this, critics allege that the delay is politically motivated and aimed at preventing her from casting that critical 218th vote.
What’s going on now: In a notable development, Arizona Attorney General Kris Mayes filed a federal lawsuit seeking to force Speaker Mike Johnson to immediately swear in Congresswoman-elect Grijalva or permit another authorized official to do so. Filed in Washington, DC, the suit argues that Johnson’s refusal to administer the oath of office is unconstitutional and effectively strips over 800,000 Arizonans of their congressional representation. “By blocking Adelita Grijalva from taking her rightful oath of office, he is subjecting Arizona’s 7th Congressional District to taxation without representation,” Mayes said in a statement. “I will not allow Arizonans to be silenced or treated as second-class citizens in their own democracy.”
The lawsuit names the US House, the House clerk, and the sergeant at arms as defendants alongside Johnson, and demands that a federal judge affirm Grijalva’s right to be seated regardless of the House’s session status.
The filing notes that the Constitution mandates members be sworn in but does not specify who must perform the ceremony, only that it must take place.
Another view: Speaker Johnson has dismissed the lawsuit as “patently absurd,” claiming Mayes has “no jurisdiction” over House procedures and accusing her of seeking “national publicity.” He maintains that he is following the “Pelosi precedent,” referencing how former Speaker Nancy Pelosi delayed the swearing-in of a Republican member during a previous recess. Johnson insists he will administer the oath to Grijalva “on the first day we come back to legislative session,” but critics note that no such session is currently scheduled amid the ongoing government shutdown. He also rejected the suggestion that the delay is connected to the Epstein-related discharge petition, calling the accusation “totally absurd” and accusing Democrats of political theater.
