Fact Check: No Federal Judge Order Requiring Mike Johnson to Swear In Adelita Grijalva

In a high-stakes political standoff that has now spilled into the federal courts, Arizona Democratic Rep.-elect Adelita Grijalva remains in political limbo as she awaits her official swearing-in to Congress, despite having won a special election over a month ago.

Contrary to claims circulating on social media platforms in early November, no federal judge has ordered House Speaker Mike Johnson to immediately administer the oath of office to Grijalva. The false reports gained traction online, particularly among users who celebrated the supposed court victory as a win for transparency related to the so-called “Epstein files.”

Grijalva and Arizona Attorney General Kris Mayes filed a lawsuit on October 21 in federal court in the District of Columbia challenging the delayed swearing-in. The complaint demands that Johnson, or another authorized official, administer the oath of office to Grijalva without further delay. However, court records available through CourtListener show that as of November 7, no ruling has been issued in the case.

The dispute has highlighted the political tensions in a narrowly divided House of Representatives. Johnson, a Republican, has defended his decision to postpone Grijalva’s swearing-in until the House returns to regular session, citing precedent he claims was established by former Democratic Speaker Nancy Pelosi. The House is currently not in session due to the ongoing government shutdown.

“This is standard procedure that Speaker Pelosi followed,” Johnson said in an October statement, dismissing the legal challenge as a “publicity stunt” shortly before the lawsuit was filed.

Grijalva’s legal complaint, however, directly challenges Johnson’s reasoning. The filing points out that Johnson has already sworn in two Republican representatives this year while the House was not in session. More pointedly, the complaint alleges that Johnson’s true motivation is to prevent Grijalva from signing a discharge petition that would force a vote on releasing the Epstein files, and to strengthen his position in ongoing budget negotiations.

“Speaker Johnson wishes to delay seating Ms. Grijalva to prevent her from signing a discharge petition that would force a vote on the release of the Epstein files and/or to strengthen his hand in the ongoing budget and appropriations negotiations,” the complaint states on page 3.

The case has been assigned to U.S. District Court Judge Trevor McFadden, a Trump appointee who has been described by Bloomberg as one of the most conservative judges on the Washington federal trial court. McFadden previously made headlines in 2021 for suggesting the Justice Department was treating January 6 Capitol rioters too harshly, though he also ordered the Trump administration to reinstate The Associated Press’ access to White House press events.

The Grijalva case represents just the latest flashpoint in the increasingly contentious partisan battles in Congress. With Republicans holding only a slim majority in the House, each seat has taken on heightened importance for procedural votes and discharge petitions, which require a specific number of signatures to force floor action on legislation that leadership has blocked.

Political analysts note that the timing of Grijalva’s swearing-in could have implications beyond just her individual case. With critical votes on government funding and other year-end priorities approaching, Republicans may be reluctant to add another Democratic vote to the chamber’s delicate balance of power.

The false social media reports about a judicial order compelling Johnson to act appear to have stemmed from wishful thinking among those following the case, rather than any actual court development. As the legal challenge continues to work its way through the federal court system, Grijalva remains in an unusual position: elected by Arizona voters but unable to represent them in Congress.

A ruling from Judge McFadden could come at any time, but as of this reporting, no decision has been announced and the last court filings were basic administrative documents submitted in late October.