The fight over swearing in Rep.-elect Adelita Grijalva (D-Ariz.) is escalating this week. The state of Arizona is poised to sue to force Speaker Mike Johnson’s hand.
The Arizona attorney general’s office sent a letter last week demanding Johnson formally seat Grijalva “immediately.” Attorney General Kris Mayes wrote that if the speaker didn’t provide details about plans to swear in Grijalva by the end of last week, “we will be forced to seek judicial relief.”
That deadline has now passed. Mayes’ office didn’t have an update as of publication time, but we expect to see action this week in the form of a lawsuit.
Grijalva won a special election on Sept. 23 to represent the seat long held by her father, the late Rep. Raúl Grijalva (D-Ariz.), who died in March. Arizona formally certified the election results on Oct. 14. State officials then began to pursue legal action to force the issue.
Leaders weighing in. House Minority Leader Hakeem Jeffries said Friday that “all options are on the table” when it comes to getting Adelita Grijalva seated.
“It’s my expectation that if she is not sworn in today, during the pro forma session today — as the Arizona attorney general has made clear — expect swift and decisive legal action,” Jeffries said.
On Friday, that pro forma came and went. House Democrats tried to get recognized to raise the swearing-in, but House Republicans once again didn’t bite.
Johnson has declared he won’t swear in Grijalva until the House is back in session. Johnson says the chamber will remain in recess until the Senate passes a CR to reopen the government. When that’s going to happen remains unclear.
The lawsuit is “a publicity stunt by a Democrat attorney general in Arizona who sees a national moment and wants to call me out,” Johnson told reporters Friday. “[Mayes] has nothing whatsoever to do with what’s happening in Congress.”
Johnson said he’ll allow Grijalva to take the oath of office “as soon as we get back to our regular legislative session, as I’ve said a thousand times.” Johnson called it the “Pelosi precedent,” citing a nearly one-month delay for swearing in Rep. Julia Letlow (R-La.) after her special election win in 2021.
Democrats have pointed to Johnson’s decision to swear in two Florida Republicans during a pro forma earlier this year, though.
Democrats also say the delay for Grijalva is an attempt to avoid a vote on releasing the Justice Department’s Jeffrey Epstein files. Grijalva would be the 218th signature on that discharge petition, which is enough to force a vote. Johnson has denied that it’s a factor.
