Washington, D.C. — Arizona Attorney General Kris Mayes and Congresswoman-elect Adalita Grijalva have filed a federal lawsuit against House Speaker Mike Johnson and the U.S. House of Representatives, alleging unconstitutional obstruction after Johnson reportedly refused to administer the oath of office to the newly elected representative from Arizona’s 7th Congressional District.

The lawsuit, filed in U.S. District Court for the District of Columbia, argues that the House leadership has unlawfully denied Grijalva her right to assume office despite her clear electoral victory nearly a month ago. Grijalva won her special election with over 70% of the vote and, according to her legal team, meets all constitutional qualifications for office.

“This is taxation without representation,” Attorney General Mayes said in a public statement. “Speaker Johnson has no legal basis to deny Congresswoman-elect Grijalva her seat, and the people of Arizona’s 7th District are being deprived of their rightful voice in Congress.”

Background on the Dispute

Grijalva’s swearing-in has been delayed for 28 days, despite multiple formal and informal requests, according to the complaint. Critics of Speaker Johnson allege that the delay is politically motivated. Grijalva is expected to become the 218th signer on a discharge petition in the House that could compel the release of sealed records tied to the Jeffrey Epstein investigation—an issue that has sparked public and political interest across party lines.

Speaker Johnson has not issued a detailed statement responding to the lawsuit but previously stated that procedural issues related to the House being in “pro forma” session were responsible for the delay. His critics argue that such explanations are inconsistent, especially since Johnson has reportedly sworn in Republican members during similar sessions.

Grijalva, speaking at a press conference, emphasized the real-world consequences of the delay:

“I have no access to constituent services, no staff budget, and no ability to represent over 800,000 people in Arizona’s 7th District,” she said. “This is a denial of representation—not just to Democrats, but to Republicans and Independents as well.”

Legal Claims and Precedent

The lawsuit asks the court for a declaratory judgment requiring that Grijalva be sworn in immediately or authorizing a neutral party—such as a judge or notary public—to perform the oath of office in the absence of Speaker cooperation.

The complaint argues that Johnson’s refusal to allow a swearing-in is a breach of the U.S. Constitution’s mandate for representation and violates the principles of democratic governance.

AG Mayes preemptively addressed any reference to supposed historical precedent—such as House Speaker Nancy Pelosi allegedly delaying swearing-ins in the past—asserting that those instances were based on scheduling and mutual agreement, not political obstruction.

“The difference here,” Mayes said, “is that the delay is unilateral and strategic. It’s a dangerous precedent that, if left unchallenged, could allow any future Speaker to prevent duly elected members from taking office based solely on political preference.”

Next Steps

The case is now in the hands of the U.S. District Court for the District of Columbia. The plaintiffs are requesting expedited review due to the immediate harm caused to constituents who currently have no federal representation, especially during a period of government funding uncertainty and legislative inactivity.

Advocates argue that the case goes beyond party politics, pointing to the foundational American principle of no taxation without representation.

“Whether you’re a Democrat, Republican, or Independent, being denied a voice in Congress is unacceptable,” Mayes said. “That’s why we’re taking legal action—not just for Congresswoman-elect Grijalva, but for the people of Arizona.”

The legal filing marks the latest development in a turbulent season on Capitol Hill, where partisanship has routinely stalled legislative progress. With Congress currently in recess and another looming deadline for government funding approaching, the outcome of this case may set a significant precedent for how the House handles future swearing-in delays and leadership discretion.

Key Takeaways:

• Lawsuit Filed: Arizona AG Kris Mayes and Rep.-elect Adalita Grijalva are suing Speaker Mike Johnson and the House of Representatives.

• Allegation: Unlawful refusal to swear in a duly elected member of Congress.

• Context: Grijalva is expected to be the 218th signer on a petition to release sealed Epstein-related files.

• Impact: Over 800,000 Arizonans currently lack House representation.

• Legal Goal: Force immediate swearing-in or allow another official to do so.