On September 23, 2025, Adelita Grijalva was elected to represent Arizona’s 7th Congressional District in a special election, following the death of her father, now-former Representative Raúl Grijalva, due to lung cancer. She has not yet been sworn in, due to delays from Speaker of the House Mike Johnson, who is refusing to convene the House of Representatives during the government shutdown.
Some people have accurately pointed out that Representative and former Speaker Nancy Pelosi had set a precedent of not confirming specially elected representative during shutdowns (“House speaker’s refusal to seat Arizona representative is supported by history and law”, Jennifer Selin, The Conversation, Nov. 7). However, the shutdown did not start until October 1, a week after Grijalva was elected. While it is fair to criticize Pelosi for her actions, the two situations are not the same.
There are debated views over if Johnson’s refusal is Constitutional. While it appears to be in accordance with lower laws, it’s unclear if the administration of oaths is Constitutionally required or if it can be delayed.
As a result, Arizona Attorney General Kris Mayes filed a lawsuit against Johnson, asking the court to allow another way for Grijalva to be sworn in. (Current law does allow for other entities to administer the oath of office on Johnson’s behalf, though only at his request.) The case has been assigned to Trevor McFadden, a federal District Court Judge appointed by Trump.
The case is currently stalling, with no new filings (excepting the appearance of lawyers and a corrected form) since the case began. As of the writing of this article, there is no court timeline for when responses are due or hearings will occur.
Mayes alleges that part of the reason Grijalva’s nomination has stalled is to prevent the release of the Epstein files. Grijalva has pledged to vote in favor of releasing the files related to sex trafficker Jeffrey Epstein; her vote would bring it to 218, which would force the House to vote on their release. Johnson has previously refused to hear votes on their release. However, he has denied that the continued refusal to swear in Grijalva is due to her vote on the files.
Johnson’s position is becoming increasingly unpopular on both sides of the aisle. Representative Majorie Taylor Greene has become outspoken in favor of inducting Grijalva. Greene has also called Johnson to return the House to session. Both women have spoken about how the continued House absence makes it impossible for them to represent their districts. In Grijalva’s case in particular, she has access to no funds, staffers, or office space to even start her work in the absence of the House meeting.
It is unclear how much longer Grijalva’s nomination will continue to stall. While Johnson has said the reason is that the shutdown is ongoing, it is notable that he did not administer the oath prior to the shutdown, either. It has raised concerns that, even if the shutdown ends, Johnson may continue to refuse to accept Grijalva.