Adelita Grijalva and Arizona asked a federal court on Tuesday to allow someone else to administer her oath to be the state’s 7th District representative since Speaker Mike Johnson has refused to do so, nearly a month after she won a special election.
While federal law states that the speaker administers the oath of office to House members, the lawsuit contends that power does not allow Johnson to delay a member from taking office when there is no dispute about their election or qualifications.
“By withholding the oath and the office that comes with it, the Speaker has unlawfully interfered with Ms. Grijalva’s constitutional right to take office, and the State’s right to the number of Representatives provided for by law,” the lawsuit states.
And while the Constitution requires a House member to take an oath to support the Constitution, it “does not say that the oath must be administered by the Speaker or any other particular person,” the lawsuit states.
Grijalva and Arizona ask a judge in the U.S. District Court for the District of Columbia to rule that she will be a House member when she takes the oath, and that it can be administered “by any person authorized by law to administer oaths under the law of the United States, the District of Columbia, or the State of Arizona.”
The lawsuit comes after a nearly monthlong delay since Grijalva won her election, amid a government shutdown and a mounting standoff over a potential House floor vote over the release of government files on the late convicted sexual predator Jeffrey Epstein. Grijalva won the special election to succeed her late father Rep. Raúl M. Grijalva on Sept. 23 with nearly 70 percent of the vote.
Ahead of filing of the lawsuit, Arizona Attorney General Kris Mayes in an interview Tuesday with a local ABC affiliate criticized Johnson for not swearing in Grijalva.
“Whether it is the sense she is going to be the final vote on the Epstein files, or he just doesn’t want to have one more Democrat in office, whatever his motives are, it is totally illegitimate and totally unconstitutional,” Mayes told ABC.
While Johnson initially told reporters that he would swear in Grijalva “as soon as she wants,” he has since backtracked.
Speaking to reporters Monday, Johnson said he would swear Grijalva in when the House returned from its recess. Johnson has kept the House out of session since September.
“Instead of doing TikTok videos, she should be serving her constituents,” Johnson said, referencing social media posts Grijalva has made criticizing Johnson for not swearing her in to do her job.
The lawsuit argued that Johnson’s delay prevents Adelita Grijalva from introducing bills, doing constituent service work and other work on behalf of the people of Arizona.
Grijalva’s swearing-in would also mean the 218th signature on a discharge petition from Rep. Thomas Massie, R-Ky., which would force a vote on releasing government files on the late convicted sex offender Jeffrey Epstein.
At a news conference Tuesday, House Minority Leader Rep. Hakeem Jeffries, D-N.Y., called the delay in swearing in Grijalva “a disgrace” and criticized Republicans for going on “vacation” during the shutdown. Jeffries pointed out that Republicans had ignored requests from Rep. Jamie Raskin, D-Md., to be recognized and call for Grijalva to be sworn in.
Raskin, speaking to reporters Tuesday, said Grijalva went with him to the House floor during the pro forma session Tuesday. Raskin said he wanted to make a unanimous consent motion to try and force Johnson to swear her in as soon as Wednesday.
“We need to act on this. Ms. Grijlava’s hundreds of thousands of constituents deserve to be represented in Congress,” Raskin said.
Raskin said Johnson has not cited any legal reason to delay the swearing-in of Grijalva.
Grijalva has said that constituent services that continued since her father’s death ended on the day of the special election in September and she has not been able to sign a lease for a district office or do other work. Grijalva noted that earlier this year Johnson swore in two new Republican members within 24 hours of when they won special elections.
“There is so much that cannot be done until I am sworn in,” Grijalva said at Tuesday’s news conference.
The case is State of Arizona and Adelita Grijalva v. United States House of Representatives.
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