Democratic Arizona Attorney General Chris Mayes filed a federal lawsuit Tuesday accusing House Republican leadership of unlawfully preventing Democratic Arizona Rep.-elect Adelita Grijalva from taking her seat.
Grijalva has not yet taken the oath of office nearly a month after winning the Sept. 23 election. early elections to take over his late father's Democratic-dominated Southern Arizona seat. Mays argued that House Speaker Mike Johnson does not have the constitutional authority to delay Grijalva's swearing-in, calling it a partisan maneuver that deprives Arizonans of their full representation in Congress. (RELATED: Democratic lawmaker clashes with Capitol Police over delay of colleague's swearing-in)
TUCSON, ARIZONA – JULY 15: Democratic U.S. Congressional candidate Adelita Grijalva speaks during a party on the night before the primary election at the El Casino Ballroom on July 15, 2025 in South Tucson, Arizona. (Photo by Rebecca Noble/Getty Images)
The lawsuit argues that Johnson's refusal to take the oath of office – or allow anyone else to do so – violates both constitutional precedent and the state's right to nine representatives duly sitting. The lawsuit argues that the Speaker cannot use his position to manipulate those who represent the people, citing the Supreme Court's Powell v. McCormack decision, which prohibits Congress from expelling members who meet all constitutional requirements.
Johnson publicly acknowledged Grijalva's election, but said he would swear The Arizona Democrat blamed the government shutdown for the delay after the House resumed.
“This is a publicity stunt for the Democratic attorney general in Arizona who sees a national moment and wants to call me out,” Johnson told reporters Friday, citing Mays, Politico. reported. “She has nothing to do with what's going on in Congress.”
Some House Democrats – and also Grijalva myself — suggested Johnson was delaying Grijalva's swearing-in because she would be the deciding vote on a motion to remove him from office demanding the release of files related to deceased pedophile Jeffrey Epstein. However, Johnson categorically rejected this premise. declaring that the delay in appointing the Democrat “has nothing to do” with the petition.
Nearly all Senate Democrats on Monday voted against the GOP-backed bipartisan government reopening measure for the eleventh time in a row.
The offices of Johnson and Mays did not immediately respond to the Daily Caller News Foundation's request for comment.
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