Arizona Attorney General General Kris Mayes has filed a lawsuit over House Speaker Mike Johnson’s delay in swearing in a newly-elected Democrat.

In the lawsuit, Mayes argues that Johnson does not have the authority to prevent Adelita Grijalva from taking her seat in the House, where Republicans hold a narrow majority.

“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,” the suit states. “Fortunately, the Constitution does not give that authority to the Speaker—or anyone else."

Grijalva was elected to succeed her father on Sept. 23. Johnson has said he would swear her in when the government shutdown ends.

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