Arizona Attorney General Kris Mayes has filed a lawsuit against House Speaker Mike Johnson, escalating a political and constitutional clash over the delay in swearing in Rep.-elect Adelita Grijalva (D-Ariz.) to Congress.
Mayes and Grijalva jointly filed the suit Tuesday, following through on Mayes’ earlier threat to take legal action if the House failed to seat Grijalva by Oct. 16. The lawsuit argues that Johnson’s refusal to hold the oath ceremony for the newly elected congresswoman violates both federal law and the democratic rights of Arizona’s 7th Congressional District.
“Speaker Mike Johnson is actively stripping the people of Arizona of one of their seats in Congress,” Mayes said in a statement. “By blocking Adelita Grijalva from taking her rightful oath of office, he is subjecting Arizona’s 7th Congressional District to taxation without representation.”
Grijalva, who won a special election on Sept. 23 by nearly a two-to-one margin over Republican Daniel Butierez, is set to replace her late father, longtime Congressman Raúl Grijalva, who passed away in March.
Johnson, however, has defended the delay, calling the lawsuit “patently absurd.” He told reporters at the U.S. Capitol that the House is “following precedent” and that Grijalva’s seating must wait until after a vote to end the ongoing government shutdown.
The legality of that reasoning will now be tested in court.
Grijalva called Johnson’s refusal to seat her “an affront to democracy,” saying the delay has silenced more than 800,000 Arizonans. Other Democrats from the state’s delegation, including Sen. Ruben Gallego, have accused Johnson of political motives — particularly to block Grijalva from signing a discharge petition aimed at forcing the release of Justice Department files related to the Jeffrey Epstein case.
Johnson has denied any connection between the petition and the delay. “We want all of it to come out as soon as possible,” he said, adding that his concern is protecting “innocent victims.”
The case could set a significant precedent for how far congressional leadership can go in controlling the swearing-in of elected members. As the dispute unfolds, southern Arizona remains without a voting representative in Congress.
