Since Johnson is unavailable to swear Adelita Grijalva into Congress...

[highnooner]

Why not get a Supreme Court Justice to do it? It is legal to do so and has been done when the House Speaker is unavailable in the past.

[Chasstev365]

1. Great Idea!

Let them say no to show who they are.

[spooky3]

2. Or ask a progressive Justice, and she will say yes. Nt

[ananda]

6. Exactly!

Just do it.

[FoxNewsSucks]

8. I kinda like the idea of asking all six rightwing nutbags, so they're on the record

saying "no". Then ask one of the normal liberal justices.

[usonian]

3. Mikey is busy. Defending depravity.

[BattleRow]

4. Pedophiliac Four.

[KS Toronado]

11. This would make a great window sticker for our vehicles.

CONGRESSMEN WHO PROTECT PEDOPHILES
.....DON'T DESERVE TO BE CONGRESSMEN

[cbabe]

5. Call your rep. Make the ask. I did.

[Champp]

7. Yes - get a Justice

Now

[usaf-vet]

9. This is a fabulous idea why didn't one of the brighter Democratic lawyers come up with that idea.

This brings up a question: instead of relying on those "dems" in Congress who tell us they have to stay and keep their seats of power, why don't they secure the services of a retired congressional parliamentarian (from both the House and Senate) who can offer guidance?

This is another clear example of why we need to have either term limits for being in Congress. Or at least stop their ability to enrich themselves by insider trading in the stock market.

We have a small portfolio, and yesterday one of our stocks experienced a significant surge in value. If I had 1000 or 10,000 shares, we and our son would be set for life.

[onenote]

20. Because it likely would be of no legal effect.

See post #18.See post #18

Believe it or not, our members and their staffs do know something about House procedures and the relevant statutory provisions -- more than many armchair "experts" posting their unsubstantiated theories on the Internet.

Also, I'm unaware of any example of a member being sworn in by someone other than the Speaker. If someone can cite to such an example, I'd be interested in seeing that information.

[obamanut2012]

10. I believe any Federal judge can do it

[Qutzupalotl]

12. Good to know, but considering the potential retaliation,

a lifetime-tenured USSC justice would be safer than one who could be fired by a petulant president.

[Ocelot II]

27. All federal judges have life tenure, not just SCOTUS.

[pat_k]

16. Yes. But it's a matter of House procedures. If the speaker won't do it, a resolution would probably be needed....

... to allow another authorized official to do so.

See post below:
https://www.democraticunderground.com/100220703426#post15

[intuito]

13. Nice Christian Man destroying democracy for the team

Wake up Mr Johnson: Pretty sure Jesus would not approve of this

[Clouds Passing]

14. Sonia Sotomayor would be a wise choice

[pat_k]

15. Apparently, it wouldn't be valid absent a House vote to allow it.

While any Federal Judge can administer the oath, it is apparently a matter of House procedure. Perhaps there is a way around it, but a deep dive into the rules would be required.

FWIW, here's what google AI had to offer:

Adelita Grijalva's current situation

Adelita Grijalva won a special election for an Arizona congressional seat in September 2025. However, her swearing-in has been delayed by House Speaker Mike Johnson. While she could be sworn in by a different authorized official like a Supreme Court justice, the issue lies with House procedure rather than the oath itself. Until the House holds a vote or gives approval for her to be seated, another official swearing her in would not be sufficient to grant her the privileges of a representative.

[SunSeeker]

17. What Johnson is doing is unconstitutional.

As Grijalva’s fellow Arizona Democrat, Rep. Greg Stanton, told Johnson in a Sept. 30 letter, Johnson’s blocking of Grijalva’s swearing-in is “depriving more than 800,000 Arizonans of their rightful voice in Congress,” which Stanton said is “a direct violation of both the Constitution’s guarantee of representation and the House’s duty to respect the will of the voters.”

Also, in Powell v. McCormack (1969), the Supreme Court ruled that the House cannot refuse to seat a member-elect who meets constitutional requirements and whose election is certified. The official certified results from Grijalva's election will be available October 14. https://www.fox10phoenix.com/news/rep-elect-adelita-grijalva-not-yet-sworn-in-amid-government-shutdown

If Johnson does not certify her after October 14, she should sue Johnson to compel her swearing in.

[pat_k]

23. Absolutely!

[onenote]

18. 2 USC 25 specifies that the Speaker is the one who swears in members.

Last edited Wed Oct 8, 2025, 08:51 AM - Edit history (1)

It has been the law of the United States from the very beginning -- indeed, it is part of the the very first law passed in 1789. There is nothing in the law that provides for the Chief Justice or anyone else swearing in members of Congress.

I've yet to see a single example of members being sworn in by someone other than the speaker at any point during the past 236 years (ON EDIT: except in a few rare occasions where, consistent with House rules, the House has, by resolution, specifically authorized someone other than the speaker to administer the oath).

[DFW]

21. On the other hand--

There aren't too many examples of a Speaker refusing to swear in a duly elected representative for reasons of pure spite, either. The Constitution certainly sanctions no such thing.

[Autumn]

22. Any judge can swear her in. No one should be ignoring that little fact

Ketanji Brown Jackson should be the one to do it since weaselmike isn't available. This is no time to abide by their customs.

[pat_k]

24. It's not custom. It's House rules. A resolution to seat her and allow someone ...

...else to administer the oath would be required. I think that after they get certification of results there may be a means to compel under the rules. I have little doubt savvy Dems are exploring options.

[Autumn]

25. Republicans frequesntly break 'house rules" What are they gonna do if a judge

swears her in? Take her to court?

[pat_k]

29. Unfortunately, the Republican majority could simply bar her from the chamber.

But it would certainly make news and up the pressure.

In any case, her certificate of election is expected to be conveyed to Congress Oct 13. At that point continuing not to seat her will be untenable. She is being delayed, not denied, I think.

[SocialDemocrat61]

26. Because even if a judge swears her in

it has to be confirmed by a vote in the House. And the only person who can schedule that vote is Johnson.

[Arazi]

28. Don't love the precedent for 2026. She should be pressing HARD for this asap