Democrat Attorney General Sues House GOP For Not Seating Rep-Elect During Shutdown

Democratic Arizona Attorney General Kris Mayes filed a federal lawsuit Tuesday accusing House Republican leaders of illegally blocking Arizona Democratic Rep. Adelita Grijalva from taking her seat.

Grijalva has yet to be sworn in nearly a month after winning a Sept. 23 special election to fill his late father’s heavily Democratic seat in southern Arizona. Mayes argued that House Speaker Mike Johnson has no 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 faces Capitol Police over colleague’s late swearing-in)

TUCSON, ARIZONA – JULY 15: Democratic U.S. Congressional candidate Adelita Grijalva speaks during a primary election night event at the El Casino Ballroom on July 15, 2025 in South Tucson, Arizona. (Photo by Rebecca Noble/Getty Images)

The lawsuit claims Johnson’s refusal to administer the oath of office — or allow anyone else to do so — violates both constitutional precedent and the state’s right to nine duly seated representatives. The filing argues that the President cannot use his position to manipulate who represents the people, citing the Supreme Court’s decision in Powell v. McCormack, which prohibits Congress from excluding members who meet all constitutional qualifications.

Johnson publicly acknowledged Grijalva’s election but said he would swear in the Arizona Democrat once the House reconvenes and blamed the government shutdown for the delay.

“This is a publicity stunt by a Democratic attorney general from Arizona who sees a national moment and wants to call me out,” Johnson told reporters Friday, referring to Mayes, Politico reported. “She has nothing to do with what’s happening in Congress.”

Several House Democrats — as well as Grijalva herself — suggested Johnson was delaying Grijalva’s swearing in because she would be the deciding vote on a release request to release records related to deceased pedophile Jeffrey Epstein. However, Johnson explicitly rejected this, saying the delay in nominating the Democrat “has nothing to do” with the petition.

Nearly all Senate Democrats voted Monday against a bipartisan GOP-backed funding measure to reopen the government — for the 11th time in a row.

Johnson’s and Mayes’ offices did not immediately respond to the Daily Caller News Foundation’s request for comment.

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