Arizona Attorney General Chris Mays previously issued an ultimatum to House Speaker Mike Johnson: “Swear in Adelita Grijalva or I’ll take you to court.”
Arizona’s Grijalva says oath will be on hold as Epstein appeals his position
October 10, 2025 Arizona’s incoming U.S. Representative Adelita Grijalva says her oath is being withheld because of her stance on releasing the Epstein files.
Reuters
- Arizona Attorney General Chris Mays and Congresswoman-elect Adelita Grijalva are suing the Legislature over the delay in Grijalva’s swearing-in.
- The lawsuit asks a federal judge to allow someone other than House Speaker Mike Johnson to administer the oath of office.
- Democrats have accused Johnson of slowing the process to prevent Grijalva from voting on key issues.
Arizona Attorney General Chris Mays and Representative-elect Adelita Grijalva are suing the Legislature, asking a federal judge to approve an alternative method of swearing in Grijalva after Democrats won a special election in September.
Mays had been promising to sue for days and was furious that House Speaker Mike Johnson (R-Louisiana) had not yet taken the oath in Grijalva and would not set a firm date for the oath. Mays and Grijalva are asking the court to give Johnson a bypass.
“Speaker Mike Johnson is actively depriving Arizonans of one of their seats in Congress and, in the process, disenfranchising the voters of Arizona’s 7th Congressional District,” Democratic Rep. Mays said in a statement. She reiterated concerns that Southern Arizonans living in the Grijalva area are victims of “taxation without representation.”
The lawsuit was filed Oct. 21 in U.S. District Court in Washington, D.C., against the U.S. House of Representatives, the Clerk of the House of Representatives and the Sergeant at Arms.
The application asks a judge to order that someone other than Johnson be able to administer the oath to Grijalva, and that once she is sworn in, she must be recognized as a member of the House. The complaint states that “any person authorized by law to administer the oath” is eligible, but does not name any specific individuals or officers.
A federal law that says the speaker administers the oath of members is not supported by the U.S. Constitution, which only requires members to take an oath, the lawsuit argues.
“Speaker Johnson cannot continue to disenfranchise entire districts and suppress their representation in order to protect accountability for this administration and prevent justice for Epstein survivors,” Grijalva said in a statement provided by Mays’ office.
In filing his case against Grijalva, Mr. Mays doubled down on a legal strategy that some observers had questioned. Ms. Grijalva has an easy path to proving that she was affected by the delay, which is necessary to meet the legal standard to proceed with the case. Mays’ position was even more uncertain. Prime Minister Boris Johnson argued the issue was beyond legal theory and accused Mays of high political status.
Mays gave Johnson an ultimatum on October 14: “Swear on Grijalva or I’ll take you to court.” Democrats have ramped up pressure on the Republican House speaker after Johnson swore in two Florida Republicans at a ceremony earlier this year, raising concerns about politically motivated hypocrisy.
The complaint cites precedent, although it acknowledges that precedent is not legally binding on courts. The lawsuit includes several pages outlining the political controversy surrounding Grijalva’s swearing-in and includes multiple citations to news articles about the delay.
Democrats said Johnson was trying to delay Grijalva’s promised vote on the operation to release investigative files related to disgraced financier Jeffrey Epstein. Epstein’s relationships with high-profile figures, including President Donald Trump, have drawn scrutiny, with many Republicans pushing for more records to be released.
But Johnson said he would swear in Grijalva once the House of Commons resumes regular voting. As the government shutdown drags on, it’s unclear when that will happen, but Johnson this week opened the door to that possibility if the Senate passes legislation to pay furloughed workers.
“Arizona’s full legislative representation and Mr. Grijalva’s right to hold public office are not limited to the Speaker’s decision to hold the House in ‘regular session,'” the complaint says.
Mr. Grijalva won a landslide victory in a special election in September to fill the seat vacated by the March death of his father, longtime Congressman Raul Grijalva, D-Ariz.
Contact reporter Stacey Barchenger at stacey.barchenger@arizonarepublic.com or 480-416-5669..
