Arizona AG sues over Speaker Johnson's refusal to swear in Grijalva
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Adelita Grijalva won a Sept. 23 special election for Arizona's 7th Congressional District, but House Speaker Mike Johnson refuses to swear her in. Photo: Rebecca Noble/Getty Images
Arizona Attorney General Kris Mayes and U.S. Rep.-elect Adelita Grijalva sued the U.S. House on Tuesday over Speaker Mike Johnson's ongoing refusal to swear in Grijalva as the state's newest member of Congress.
Why it matters: Residents of the southern Arizona-based 7th Congressional District have been without representation since former U.S. Rep. Raúl Grijalva died in March after 22 years in office.
Catch up quick: Adelita Grijalva, a Democrat, won a Sept. 23 special election to fill the seat previously held by her father.
- Arizona officials certified the election results last Tuesday.
Yes, but: Johnson has refused to swear in Grijalva despite numerous requests from her and other congressional Democrats.
- Mayes threatened to sue if Johnson didn't provide "assurance of when and where" Grijalva will be sworn in within two days of the election canvass.
- The deadline passed last Thursday, though Mayes took several additional days to file the lawsuit.
Zoom in: Mayes' lawsuit argues the U.S. Constitution doesn't specify who must administer a new House member's oath of office.
- If Johnson won't, the lawsuit asks the court to declare it can be done by any person authorized by law to administer oaths.
- "Arizona's right to full congressional representation and Ms. Grijalva's right to hold office are not limited to those times when the Speaker decides the House will be in 'regular session.'"
The intrigue: Grijalva would be the deciding 218th vote on a discharge petition from U.S. Rep. Thomas Massie (R-Ky.) seeking the release of files related to the sex crimes case against financier Jeffrey Epstein.
- The lawsuit alleges that Johnson is delaying Grijalva's swearing in to prevent her from voting on the Epstein petition and to strengthen his position in budget negotiations.
The other side: Johnson on Tuesday called Mayes' lawsuit "patently absurd," saying, "We run the House. She has no jurisdiction. We're following the precedent. She's looking for national publicity, apparently she's gotten some of it, but good luck with that."
- Johnson denies his position is related to the Epstein files, saying it's "customary practice" to swear in new members when the House is in session and he won't do so until the government shutdown ends.
- The House has only held pro forma sessions during the shutdown.
- During a press conference Tuesday morning, before the lawsuit was filed, Johnson accused Mayes of seeking national publicity, and said he's "willing and anxious" to administer Grijalva's oath of office the first day the House is back in session.
Reality check: Johnson can swear in new members during pro forma sessions and did so in April with two newly elected Republicans, as the lawsuit notes.
- Johnson has also invoked what he called the "Pelosi precedent," noting the former Democratic speaker took 25 days to swear in Louisiana special election winner Julia Letlow in 2021.
- But the lawsuit argues that Letlow and then-Speaker Nancy Pelosi scheduled the swearing in at a mutually agreed-upon time.
Editor's note: This story has been updated throughout with new details from the lawsuit.