Grijalva and Arizona AG Sue Speaker Johnson Over Protracted Swearing-In Delay

A legal challenge has been initiated against Speaker of the House Mike Johnson by Arizona Representative-Elect Adelita Grijalva, who, more than a month after her election victory, has still not been sworn into office. Joined by Arizona Attorney General Kris Mayes, Grijalva filed a lawsuit demanding her immediate seating in Congress, escalating a standoff that she argues has deprived over 800,000 Arizonans of their constitutional right to representation.

The lawsuit frames the delay as a fundamental issue of “taxation without representation,” asserting that the residents of her district are being denied a voice in federal matters. The situation has left Grijalva in an unprecedented state of political and administrative paralysis, unable to perform the basic functions of a congressional office.

A Congresswoman-Elect in Limbo

Thirty-one days have passed since Adelita Grijalva secured her electoral win, yet she operates without the official capacity of a member of Congress. Her team is confined to a single room in what was their campaign headquarters, unable to establish a formal district office due to a lack of budgetary authority. The practical limitations are stark. “We’re at our headquarters, what used to be our headquarters, now in one room. We don’t have the ability to open up a lease because we don’t have a budget. I don’t have the authority of the federal government to use federal dollars,” Grijalva explained.

This lack of authority extends to all operational aspects. Office equipment, including computers and laptops, sits inaccessible as she is not authorized to unlock them. Staff members, including some with experience serving under her late father, former Representative Raúl Grijalva, are in a precarious position. They are ready to work but cannot be officially hired, paid, or given access to the secure federal systems required for constituent casework. Grijalva articulated her powerless position, stating, “I don’t have constituents until I’m sworn in. I have won an election, I have the support of many Arizonans to get to work, but I’m not in office.”

Legal and Logistical Impasse

Speaker Johnson has publicly suggested that Grijalva can still conduct constituent services, such as answering phones. Grijalva has forcefully rejected this assertion as unworkable and legally unsound. She points out that handling sensitive personal information for casework without being a sworn federal official would be improper and could expose her staff to liability.

“If I’m going to collect information right now, anyone that’s going to work for our office when we open up an office is just a person. What are they supposed to do? Send communications to all of the departments in our federal government from their Gmail accounts?” she questioned. “I’m not going to put them in a position where they might be held liable for taking information from constituents because we really are not legally able to do that right now.”

This sentiment fuels her direct challenge to the Speaker’s leadership on the matter. “When Speaker Johnson has the audacity to say that I should be doing my job, it’s like, well, why don’t you do your job, swear me in, and we won’t have to do this back and forth,” she retorted. Her message, “Do Your Job and Seat Me,” has become a rallying cry encapsulating her frustration.

The Burden on Constituents and Colleagues

The absence of a seated representative for the 812,000 residents of the district has created a significant gap in service. Grijalva noted that constituents with urgent needs related to federal agencies are being redirected to Arizona’s U.S. Senators, Mark Kelly and Ruben Gallego. While their offices have stepped in to assist, Grijalva emphasized that this is an unsustainable and improper delegation of duties.

“There are very logistical things that only a member of Congress can do right now,” she stated. “Anyone in district that has any questions or concerns reaches out to our amazing senators from Arizona, Gallego and Kelly. But that should not be their responsibility. It’s my responsibility.”

The delay also impacts the legacy of service established by her father, whose district offices were known for their robust constituent support. With those offices now closed following his retirement, Grijalva is tasked with building a new operation from the ground up—a process that has been completely stalled. She speculated on the Speaker’s perspective, remarking, “Speaker Johnson, I think, has just forgotten what it was like to open up a congressional office. Perhaps he never had to worry about this because he was probably sworn in fully and didn’t have to worry about what he can and can’t do.”

An Unprecedented Wait

The duration of Grijalva’s wait is approaching a historical record for a member-elect. This stands in sharp contrast to the Speaker’s own record, as he has previously sworn in other new members within 24 hours of their elections being certified. The uncertainty extends to her prospective staff, whose financial and employment status remains unresolved. “I don’t know if [my staff is] on a list of people that are going to have back pay. I don’t know what that process is because I’m not sworn in yet,” Grijalva said. As the legal proceedings commence and the days without representation accumulate, the situation underscores the critical link between procedural formalities in Washington and the tangible needs of citizens across the country.