The State of Arizona and Representative-elect Adelita Grijalva filed a federal lawsuit on Tuesday against the U.S. House of Representatives, challenging House Speaker Mike Johnson’s monthlong refusal to swear in the newly elected congresswoman.
The complaint, filed in the U.S. District Court for the District of Columbia, argues that Johnson is unconstitutionally denying Arizona its full congressional representation by blocking Grijalva from taking the oath of office, despite her undisputed election victory and constitutional qualifications.
Grijalva won a special election on September 23, 2025, to represent Arizona’s 7th Congressional District with nearly 69% of the vote. The election was officially certified by Arizona Secretary of State Adrian Fontes on October 14.
Arizona Attorney General Kris Mayes, a Democrat, is leading the lawsuit, which names the House of Representatives, House Clerk Kevin McCumber, and Sergeant at Arms William McFarland as defendants. The complaint argues that Johnson’s delay violates both constitutional principles and the landmark 1966 Supreme Court case Powell v. McCormack, which held that the House cannot exclude a duly elected member who meets all constitutional qualifications.
The lawsuit seeks a declaratory judgment that would allow Grijalva to be deemed a member of the House once she takes the oath, and that if Johnson refuses to administer it, any person authorized by law to administer oaths may do so.
Johnson sent the House home on September 19 after passing a short-term funding measure, and has repeatedly extended what was supposed to be a weeklong break.
Johnson has stated he will swear in Grijalva only when the House returns to “regular session” after the government shutdown ends and Senate Democrats agree to Republican funding terms.
Democrats have pointed out that during Johnson’s tenure as Speaker, he has consistently sworn in special election winners immediately—including two Florida Republicans in April 2025 who were sworn in during a pro forma session within 24 hours of their victories.
Democrats have accused Johnson of delaying Grijalva’s seating because she would provide the 218th and decisive signature on a discharge petition to force a House vote on releasing Department of Justice files related to convicted sex offender Jeffrey Epstein. Johnson has repeatedly denied this is the reason for the delay.
Grijalva has emphasized that the delay is preventing her from serving her constituents in Arizona’s 7th Congressional District, which spans the state’s southern border with Mexico and includes parts of Tucson and Phoenix, representing more than 800,000 people.
