Arizona Sues U.S. House Over Speaker Johnson’s Refusal to Swear In Rep. Elect Grijalva

The State of Arizona filed a lawsuit Tuesday accusing House Speaker Mike Johnson (R) of violating the Constitution by refusing to swear in Representative-elect Adelita Grijalva (D). The plaintiffs — the State of Arizona and Grijalva — argue that Johnson’s delay has deprived hundreds of thousands of Arizonans of representation for purely partisan gain.

“This case is about whether someone duly elected to the House — who indisputably meets the constitutional qualifications of the office — may be denied her rightful office simply because the Speaker has decided to keep the House out of ‘regular session,’” Attorney General Kris Mayes (D) wrote in the complaint. “Speaker Johnson has not identified any valid reason for refusing to promptly seat Ms. Grijalva.”

While the Constitution allows the House to judge “the Elections, Returns and Qualifications of its own Members,” that authority does not give a speaker the power to stall a swearing-in for political reasons, the plaintiffs argue.

“If the Speaker were granted that authority,” the complaint warns, “he could thwart the peoples’ choice of who should represent them in Congress by denying them representation for a significant portion of the two-year term provided by the Constitution.”

Following Rep. Raúl Grijalva’s death earlier this year, the House Clerk’s office temporarily managed the district’s operations. That authority ended when voters elected his daughter, Tucson Democrat Adelita Grijalva, in a September 23 special election with nearly 69% of the vote.

Arizona certified the results on October 14 and sent them to the House, but since then, Arizona’s 7th Congressional District has been left without representation, its offices closed and staff in limbo.

Despite acknowledging that Grijalva was duly elected and fully qualified, Johnson has refused to administer the oath of office, saying he will wait until the House returns to “regular session” after the ongoing government shutdown ends.

“Speaker Johnson wishes to delay seating Ms. Grijalva to prevent her from signing a discharge petition that would force a vote on the release of the Epstein files and/or to strengthen his hand in the ongoing budget and appropriations negotiations,” the complaint adds. “Defendants should not be allowed to misuse a statutory oath procedure to violate Plaintiffs’ constitutional right to have Ms. Grijalva promptly seated as a member of the House.” 

Democrats and voting rights advocates have denounced Johnson’s refusal as an abuse of power that punishes Arizona voters.

“Constitutional rights cannot be used as a bargaining chip,” the complaint asserts. “Defendants’ refusal to promptly seat Ms. Grijalva, and to treat her as a member of the House, injures her by denying her the ability to exercise the authority of a member of the House—e.g., to sign petitions, sponsor bills, obtain and provide information to her constituents about federal programs and matters pending before federal agencies.”

Johnson’s inaction also breaks with precedent. Since becoming speaker, he has sworn in five other members after special elections — sometimes within days, even during pro forma sessions — often based on unofficial results.

Grijalva, who has waited weeks to take the oath, said she is ready to serve.

“I don’t need pomp and circumstance,” she told reporters. “I just need to get to work for southern Arizona.”

During a pro forma session Tuesday, Rep. Jamie Raskin (D-Md.) attempted to seek unanimous consent to seat Grijalva, but the Republican presiding officer immediately gaveled the chamber to a close without acknowledging the request.

Arizona is asking the court to do what the House has refused to do and rule that Arizona voters — not Mike Johnson — decide who represents them in Congress.