Arizona sues U.S. House to force swearing-in of Rep. Adelita Grijalva

Arizona Attorney General Kris Mayes filed a federal lawsuit against the U.S. House of Representatives and Speaker Mike Johnson, accusing House leadership of unlawfully blocking the swearing-in of Representative-elect Adelita Grijalva.

The complaint, filed in U.S. District Court in Washington, D.C. on Tuesday, argues that Speaker Johnson’s refusal to administer the oath of office to Grijalva violates the U.S. Constitution and deprives Arizona’s 7th Congressional District of representation.

“Speaker Mike Johnson is actively stripping the people of Arizona of one of their seats in Congress and disenfranchising the voters of Arizona’s seventh Congressional district in the process,” Mayes said in a statement.

Grijalva, who won a September 23 special election to fill the seat previously held by her late father, Representative Raúl Grijalva, has not yet been allowed to take the oath of office despite the election being certified on October 14.

The lawsuit names the House of Representatives, Clerk Kevin McCumber, and Sergeant at Arms William McFarland as defendants. It cites the 1969 Supreme Court ruling Powell v. McCormack, which held that the House cannot exclude a duly elected member who meets all constitutional qualifications.

According to the filing, Johnson has admitted that Grijalva was duly elected and qualified but has delayed her swearing-in until the House returns to “regular session.”

The complaint alleges the Speaker is using the delay to prevent Grijalva from signing a discharge petition related to the release of files connected to the Jeffrey Epstein case and to gain leverage in ongoing budget negotiations.

“The Constitution does not grant the Speaker the authority to deny the people their representation based on political timing,” the lawsuit states. It asks the court to declare that Grijalva becomes a member of Congress once she takes the oath prescribed by law, even if it is administered by another authorized official.

Speaker Mike Johnson has rejected claims of political retaliation, arguing that the delay in seating Grijalva is procedural and tied to the ongoing government shutdown. He has said she will be sworn in once the House returns to full session, citing what he calls a “Pelosi precedent” from when Democrats delayed swearing in Republicans after special elections during a recess.

Johnson has dismissed the lawsuit as “a publicity stunt” by Arizona’s attorney general and denied any connection to the Epstein petition or partisan motives, calling such allegations “baseless.”