House speaker’s refusal to seat Arizona representative is supported by history and law

House Speaker’s Refusal to Seat Arizona Representative

House speakers have the authority to decide when the oath of office is administered, and courts generally avoid interfering with this discretion. Adelita Grijalva won a special election in Arizona on September 23, 2025, becoming the first Latina representative from the state and the newest member of Congress.

Despite the Arizona secretary of state's formal certification of Grijalva, a Democrat, as the election winner, she has not yet been sworn in. Republican House Speaker Mike Johnson, who is legally responsible for administering the oath, argues that the government shutdown requires Grijalva's swearing-in to be delayed until federal operations resume.

Legal Challenge and Political Context

In response, Arizona Attorney General Kris Mayes filed a lawsuit on October 21, claiming that Johnson’s refusal denies the state its rightful representation in Congress. It is undisputed that Grijalva is the duly elected member for Arizona’s 7th District.

The House has not been in session since September 19, when Johnson adjourned it. Mayes asserts that Johnson is using his power to gain leverage in the ongoing budget standoff responsible for the federal government shutdown.

Significance of Swearing-In Delay

The timing of Grijalva’s swearing-in matters because she has promised to provide the crucial vote needed to advance a bipartisan bill compelling the Trump administration to release government records on convicted sex offender Jeffrey Epstein.

"Johnson is using his power to ‘strengthen his hand’ in the ongoing budget battle that has shut down the federal government."
"No one disputes that Grijalva is the next member of the House of Representatives for the 7th District of Arizona."
Summary

The refusal to seat Adelita Grijalva highlights the interplay between political power and legal duties during a federal government shutdown, affecting Arizona’s representation and pending legislative actions.

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The Conversation The Conversation — 2025-11-07