On Tuesday, Arizona Attorney General Kris Mayes, a Democrat, initiated legal action against Republican leaders who have refused to seat a newly elected Democratic lawmaker.

The legal filing seeks to have a federal judge in Washington, D.C., officially recognize Adelita Grijalva as a member of the House. It also requests that an alternative individual administer the oath of office if Speaker Mike Johnson from Louisiana declines to do so.

In the complaint, Mayes’s office argues the issue at hand is whether an individual who has been legitimately elected to the House can be denied their “rightful office” simply because the Speaker has opted to prevent the House from convening in “regular session.”

“If the Speaker were allowed such power, he could undermine the public’s choice by denying them representation for a considerable part of the two-year term prescribed by the Constitution,” the lawsuit asserts.

“Thankfully, the Constitution does not vest such authority in the Speaker—or anyone else,” the document further states.

Adelita Grijalva, who previously served as a county supervisor, secured victory in a special election last month. She is set to take over the seat once held by her late father, former Representative Raúl Grijalva of Arizona. This district covers much of Arizona’s southern border and includes a portion of Tucson.

Johnson has repeatedly defended his move not to seat Grijalva, saying he’s just following a long-held House tradition of swearing in new members only during regular sessions.  

The speaker has canceled votes during the shutdown, and Johnson says he’ll call the House back to Washington and immediately seat Grijalva when Democrats help to reopen the government. 

“I will administer the oath to her, I hope on the first day we come back, of the legislative session,” Johnson told reporters Monday. “I’m willing and anxious to do that. In the meantime, instead of doing TikTok videos, she should be serving her constituents.” 

In recent days, House Democrats have also warned that swift legal action could follow if Grijalva is not seated. 

“This has gone on now for weeks,” Jeffries told reporters in the Capitol on Friday. “And so it’s my expectation that, if she is not sworn in today during the pro forma session today as the Arizona attorney general has made clear, expect swift and decisive legal action.”   

Grijalva said in a statement that Johnson’s “obstruction” is long past “petty partisan politics.” 

“It’s an unlawful breach of our Constitution and the democratic process,” she said. “The voters of Southern Arizona made their choice, yet for four weeks, he has refused to seat a duly elected Member of Congress – denying Southern Arizona its constitutional representation.”