In a bold legal move, Arizona Attorney General Kris Mayes, a Democrat, has initiated a lawsuit challenging the Republican leadership’s decision to block a newly elected Democratic representative from taking her seat in Congress. The legal action, filed on Tuesday, underscores the escalating tensions between party lines over the rightful seating of lawmakers.

The lawsuit, lodged in the federal court of Washington, D.C., seeks a judicial order to officially recognize Adelita Grijalva as a member of the House of Representatives. It further requests that if Speaker of the House Mike Johnson, a Republican from Louisiana, is unwilling to administer the oath, then an alternative should be available to facilitate the process.

According to the complaint, the Arizona Attorney General’s office argues that the issue at hand is a fundamental question of democratic representation. It raises the concern of whether a duly elected official can be unjustly barred from assuming office simply because the Speaker chooses not to convene the House in regular session, thereby delaying the swearing-in process.

The suit warns of the potential consequences if such authority were vested in the Speaker. “If the Speaker were granted that authority, he could thwart the peoples’ choice of who should represent them in Congress by denying them representation for a significant portion of the two-year term provided by the Constitution,” it asserts.

Reassuringly, the complaint emphasizes, “Fortunately, the Constitution does not give that authority to the Speaker—or anyone else,” underscoring the foundational principles of democratic governance that protect against such unilateral decisions. This case not only highlights the contentious political atmosphere but also reinforces the ongoing struggle to uphold democratic processes and representation in government.

A former county supervisor, Grijalva won a special election last month to fill the seat held by her late father, former Rep. Raúl Grijalva (D-Ariz.). The district spans most of Arizona’s southern border, part of Tucson. 

Johnson has repeatedly defended his move not to seat Grijalva, saying he’s just following a long-held House tradition of swearing in new members only during regular sessions.  

The speaker has canceled votes during the shutdown, and Johnson says he’ll call the House back to Washington and immediately seat Grijalva when Democrats help to reopen the government. 

“I will administer the oath to her, I hope on the first day we come back, of the legislative session,” Johnson told reporters Monday. “I’m willing and anxious to do that. In the meantime, instead of doing TikTok videos, she should be serving her constituents.” 

In recent days, House Democrats have also warned that swift legal action could follow if Grijalva is not seated. 

“This has gone on now for weeks,” Jeffries told reporters in the Capitol on Friday. “And so it’s my expectation that, if she is not sworn in today during the pro forma session today as the Arizona attorney general has made clear, expect swift and decisive legal action.”   

Grijalva said in a statement that Johnson’s “obstruction” is long past “petty partisan politics.” 

“It’s an unlawful breach of our Constitution and the democratic process,” she said. “The voters of Southern Arizona made their choice, yet for four weeks, he has refused to seat a duly elected Member of Congress – denying Southern Arizona its constitutional representation.”