Sometimes the only way to deal with some people is to threaten a lawsuit. Tragic but true. Mike Johnson has walked away from swearing in the newly elected Rep., Adelita Grijalva, he has ignored the question, he has claimed it will happen just any time now — in short, he’s done every single thing humanly possible except the right thing, which is swear the woman in. So the Secretary of State of Arizona, Kris Mayes, has had it up to here and she’s mad as hell and not going to take it anymore, apparently.
On behalf of the State of Arizona, I demand that the Honorable Adelita Grijalva be sworn into office as the representative for Arizona’s Seventh Congressional District and be allowed to assume her seat without further delay. Failing to seat Ms. Grijalva immediately or to otherwise provide a reasonable explanation as to when she will be seated will prompt legal action.
The House of Representatives’ uniquely democratic function makes frustrating the will of the voters in selecting their representative particularly egregious. A member of the House of Representatives holds the only proportionally and directly elected position in the federal government, and “it is particularly essential that [the House] should have an immediate dependence on, and an intimate sympathy with, the people.” The Federalist No. 52 (James Madison). The House’s sole power to originate certain consequential matters, such as revenue bills, follows from this status. See, e.g., The Federalist Nos. 58 (James Madison) (revenue); 65, 66, 81 (Alexander Hamilton) (impeachment).
With the House in possession of the certificate of election, it is now a simple ministerial duty to administer the oath of office. The effect of your failure to follow usual practice is that Arizona is down a representative from the number to which it is constitutionally entitled. And the more than 813,000 residents of Arizona’s Seventh Congressional District currently have no representation in Congress. The “loss of a Representative to the United States Congress undoubtedly satisfies the injury-in-fact requirement of Article III standing.” Dep’t of Com. v. United States House of Reps., 525 U.S. 316, 331 (1999).
The question of entitlement to a seat in the House is justiciable and is not a political question. Powell v. McCormack, 395 U.S. 486, 522 (1969); see Baker v. Carr, 369 U.S. 186, 217 (1962). The House and its leadership have acted ultra vires and in violation of the Constitution. “[T]he Constitution leaves the House without authority to exclude any person, duly elected by [her] constituents, who meets all the requirements for membership expressly prescribed in the Constitution.” Powell, 395 U.S. at 522.
The House’s power to exercise control over its membership is limited to its role as the “Judge of the Elections; Returns and Qualifications of its own Members.” Id.; see U.S. Const. art. 1, § 4. No one questions Ms. Grijalva’s election or its returns, or raises an issue of her qualifications. See U.S. Const. art. VI; 5 U.S.C. § 3331. The House is without authority to refuse her oath and admission.
Mayes called Johnson’s excuses absurd and gave him two days to tell her when the Rep. elect will be immediately sworn in:
You and your staff have provided ever-shifting, unsatisfactory, and sometimes absurd stories as to why Ms. Grijalva has not been sworn in. In a particularly worrisome comment, an aide connected the swearing-in and admission to the ongoing budget fight, suggesting that the House is trying to use Arizona’s constitutional right to representation in the House as a bargaining chip. Arizona’s right to a full delegation, and the right of the residents of CD 7 to representation from the person they recently voted for, are not up for debate and may not be delayed or used as leverage in negotiations about unrelated legislation.
We thus demand that Ms. Grijalva be immediately sworn into office and admitted to her rightful seat. We ask that within two days of the date of this letter, you provide this Office with your assurance of when and where that will take place, which must be immediate and prior to the date the House comes back into regular session. Should you fail to provide such assurance, we will be forced to seek judicial relief to protect Arizona and the residents of its Seventh Congressional District.
It is outstanding that Democrats are standing up for Grijalva and putting the weight of their political power behind getting her seated.
Johnson’s games grew tiresome long ago.
His refusal to seat Grivalja is clearly about not wanting to see his majority shrink by 25% while trying to protect Donald Trump from a House vote that would compel the DOJ to release the Epstein files.
Johnson’s plan was to hold a vote to change the House rules to raise the number of signatures for a discharge petition to the floor, and then seat Grijalva after her signature on the discharge didn’t matter.
No, evidently not. Johnson is checkmated now. He has to swear in Congresswoman Grijalva. And of course we all know what that means, 218 votes for the Epstein files to be released. Poor Mikey. He must have one hell of a headache right now. I certainly know that I would if I was attempting to stall like he has.
There is a season, turn turn turn, and a time for every purpose under Heaven and it’s time to stop stalling, Mike. It really is. That’s the takeaway here. Do.Your.Job. Or resign it but do one or do the other.
Living in Arizona it can be difficult with so many Republican jerks running the state. However we are Blessed with some outstanding folks representing us. For instance: Senator Mark Kelly, Senator Ruben Gallego, Governor Katie Hobbs, Sec of State Kris Mayes, and incoming Rep Grijalva. I loved and respected Raul Grijalva her father. Of course they are all Democrats!
Tick. Tick. Tick.
ETTD! Johnson’s life will be ruined because of his worship of Donnie TACO, the world’s worst person.
The democrats problem is they are beauracrats not warriors. Until they become fighters to save our democracy, willing to sacrifice, this republic is lost.