Arizona’s New Congressional Member Faces Delayed Swearing-In
In a surprising development, Arizona’s political landscape is witnessing a legal battle over the swearing-in of Adelita Grijalva, who was elected to Congress in a special election. Despite her electoral victory, Grijalva remains unsworn, prompting Arizona Attorney General Kris Mayes to file a lawsuit seeking to expedite her induction.
The lawsuit, filed in Washington, targets U.S. House Speaker Mike Johnson, who has yet to administer the oath to Grijalva. Mayes argues that the delay leaves over 800,000 residents of southern Arizona without representation in Congress. The lawsuit requests that federal judges or other authorized individuals be allowed to swear in Grijalva if Johnson continues to stall.
Grijalva, a former school board and county board member in Tucson, secured her position in the September 23 special election. She fills the vacancy left by her father, Raúl Grijalva, a long-serving progressive Democrat who passed away in March. Her delayed swearing-in has hindered her ability to provide essential constituent services, including signing a lease for office space in her district.
Speaker Johnson has attributed the delay to a government shutdown and insists that Grijalva will be sworn in once the House reconvenes. He has dismissed the lawsuit as “patently absurd” and suggested it is a publicity stunt by Mayes. “Good luck with that,” Johnson remarked regarding the legal action.
Political tensions are further inflamed by accusations from Democrats that Johnson’s delay is a strategic move to prevent a vote on releasing Justice Department files related to the late Jeffrey Epstein’s sex trafficking investigation. Grijalva has pledged her support for this initiative and would be the deciding signature needed to force a vote.
Christian Fong, a Congressional procedure expert at the University of Michigan, views the lawsuit as more of a messaging tool than a legal necessity. He believes that Grijalva will likely be sworn in before the lawsuit progresses significantly, noting the lack of severe procedural or Constitutional violations.
Historically, lawmakers elected in special elections take their oaths during legislative sessions, often with bipartisan applause and brief speeches. Unique circumstances, however, have allowed for exceptions. For instance, in April, Johnson swore in two Republican representatives from Florida during a pro forma session, citing unexpected session adjournment as the reason.
Johnson also referenced the case of Rep. Julia Letlow, who waited 25 days for her swearing-in in 2021 under Democratic House control. He argues that Grijalva’s situation is not unprecedented.
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