Arizona Attorney General Kris Mayes and Rep.-elect Adelita Grijalva are suing Congress, asking a federal judge to approve an alternative way to swear in Grijalva following the Democrat's special election win in September.

Mayes had promised the lawsuit for days, incensed that House Speaker Mike Johnson, R-Louisiana, had not yet sworn in Grijalva and would not set a firm date to do so. Mayes and Grijalva are asking the court to give them a path to go around Johnson.

"Speaker Mike Johnson is actively stripping the people of Arizona of one of their seats in Congress and disenfranchising the voters of Arizona’s seventh Congressional district in the process,” Mayes, a Democrat, said in a statement. She repeated her concern that southern Arizonans living in Grijalva's district were 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 House clerk and its sergeant at arms.

The filing asks a judge to order that someone other than Johnson can administer the oath to Grijalva, and once she takes it, she must be recognized as a member of the House. The lawsuit said "any person authorized by law to administer oaths" is eligible, but does not name specific individuals or officeholders.

A federal law that says the speaker swears in members of Congress is not supported by the U.S. Constitution, which only requires members take an oath, the case contends.

"Speaker Johnson cannot continue to disenfranchise an entire district and suppress their representation to shield this administration from accountability and block justice for the Epstein survivors," Grijalva said in a statement provided by Mayes' office.

In filing the case with Grijalva, Mayes bolsters a legal strategy that some observers had questioned. Grijalva has an easier path to prove she has been impacted by the delay, which is necessary to meet a legal threshold of standing to continue the case. Mayes' standing was more opaque. Johnson has claimed the issue goes beyond legal theories, and accused Mayes of political grandstanding.

Mayes on Oct. 14 gave Johnson an ultimatum: Swear in Grijalva or she'd take him to court. Democrats have ramped up pressure on the Republican House speaker, raising concerns of politically motivated hypocrisy after Johnson swore in two Florida Republicans during ceremonial sessions earlier this year.

The lawsuit notes that prior practice, though it also acknowledges the precedent is not legally binding on the court. The case includes several pages outlining the political spat over Grijalva's swearing-in and includes multiple citations to news stories about the delay.

The Democrats have said Johnson is trying to delay Grijalva's promised vote for a maneuver that would make public investigative files tied to the disgraced financier Jeffrey Epstein. Epstein's ties to prominent figures, including President Donald Trump, have prompted scrutiny, with many in the GOP pushing to publish more of the records.

But Johnson has said he will swear in Grijalva when the House resumes its regular voting session. When that would occur is unclear as the government shutdown drags on, but Johnson opened the door to the possibility this week if the Senate passes a measure to pay furloughed workers.

"Arizona’s right to full congressional representation and Ms. Grijalva’s right to hold office are not limited to those times when the Speaker decides the House will be in 'regular session,'" the lawsuit reads.

Grijalva overwhelmingly won a September special election to fill the seat left vacant following the March death of her father, longtime Rep. Raúl Grijalva, D-Ariz.

Reach reporter Stacey Barchenger at stacey.barchenger@arizonarepublic.com or 480-416-5669.

This article originally appeared on Arizona Republic: Arizona sues US House for not swearing in Democratic special election winner

Reporting by Stacey Barchenger, USA TODAY NETWORK / Arizona Republic

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