Rep-Elect Adelita Grijalva and AZ AG Sue Speaker Johnson, House of Representatives

Arizona Attorney General Kris Mayes and Rep.-elect Adelita Grijalva (D-AZ) filed a federal lawsuit on Oct. 21 against the U.S. House of Representatives, seeking to compel the swearing of Grijalva following her victory in a special election for Arizona’s 7th Congressional District.

The suit, lodged in the U.S. District Court for the District of Columbia, names House Speaker Mike Johnson as a defendant alongside the House of Representatives institutionally. It alleges that the four-week delay in administering Grijalva’s oath violates the Constitution by disenfranchising more than 813,000 residents of the district, which spans from Yuma to Tucson.

Grijalva won the Sept. 23 special election with approximately 70 percent of the vote to succeed her late father, former Rep. Raúl Grijalva. Arizona Secretary of State Adrian Fontes certified the results on Oct. 14^th, but by then, Grijalva had already spent over a week criticizing Johnson for not immediately seating her.

.@AZAGMayes and I are going to court to ensure that 800,000+ Arizonans in AZ-07 are no longer silenced.@SpeakerJohnson’s obstruction has gone far beyond petty partisan politics – it’s an unlawful breach of our Constitution and the democratic process. pic.twitter.com/gzsQfW9Tq8

— Adelita Grijalva (@AdelitaForAZ) October 21, 2025

The complaint requests a court order directing Johnson to swear in Grijalva or authorizing an alternative official, such as a federal judge, to administer the oath. It describes the delay as subjecting the district to “taxation without representation” and treating Arizonans as “second-class citizens.”

In a statement, Mayes claimed: 

“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. By blocking Adelita Grijalva from taking her rightful oath of office, he is subjecting Arizona’s seventh Congressional district to taxation without representation. I will not allow Arizonans to be silenced or treated as second-class citizens in their own democracy.”

Grijalva echoed the blatantly unconstitutional demand: “Speaker Johnson’s obstruction has gone far beyond petty partisan politics – it’s an unlawful breach of our Constitution and the democratic process. The voters of Southern Arizona made their choice, yet for four weeks, he has refused to seat a duly elected Member of Congress – denying Southern Arizona its constitutional representation.”

The US Constitution lays out Johnson’s exclusive jurisdiction as Speaker of the House over the process of seating its Members in Section 5, stating explicitly, “Each House shall be the Judge of the Elections, Returns and Qualifications of its own Members.” Any court ruling attempting to interfere in the House of Representatives’ internal proceedings would represent a significant violation of the separation of powers and could trigger a constitutional crisis.

The delay stems from the House’s adjournment on Sept. 19 amid a standoff over government funding. Johnson has stated that new members are typically sworn in once the chamber reconvenes. He has conditioned Grijalva’s seating on Senate action to resolve the funding impasse.

Progressive Democrats, including Grijalva, have linked the delay to her pledge to support a discharge petition to force a House vote on releasing Justice Department files related to the Jeffrey Epstein sex trafficking investigation. Her seating would provide the 218th signature needed to bring the measure to the floor. However, the Speaker was utterly dismissive of the accusations as “a publicity stunt” and publicly stated that he is not “blocking her.”

On Oct. 8, Arizona Sens. Ruben Gallego and Mark Kelly confronted Johnson over the issue in a heated exchange. Gallego later stated that the delay aimed to block the Epstein files’ release.

Mike Johnson claims his refusal to swear in Rep-elect Adelita Grijalva has "nothing to do with Epstein" pic.twitter.com/ad9k3isMRj

— FactPost (@factpostnews) October 8, 2025

“This has absolutely nothing to do about Epstein, this is a scheduling matter. As soon as the Democrats vote to reopen the government, we’ll get back to the regular order and session of Congress and that’ll be, I’m sure, among our first orders of business is to administer the oath to the newly elected representative,” Johnson told News Nation. He reiterated that Grijalva could be sworn in “as soon as she wants” once the House returns. 

Johnson dismissed the lawsuit as “patently absurd” during a press conference on Oct. 21. “We run the House. She has no jurisdiction. We’re following the precedent,” he said, adding that Mayes appeared to seek “national publicity,” noting “apparently she’s gotten some,” and flippantly adding “Good luck with that.” 

.@SpeakerJohnson basically tells @AZAGMayes to stick it! 😂😂😂😂
pic.twitter.com/0CBh4JMuvm

— Garret Lewis (@GarretLewis) October 22, 2025

Christian Fong, an assistant professor at the University of Michigan who specializes in congressional procedure, described the suit as unlikely to expedite the process, according to AZ Family. “No severe violation of House precedents, rules, or the Constitution,” Fong said, predicting Grijalva’s eventual seating before any litigation concludes.