Speaker Johnson said he'd swear in new House Democrat 'as soon as she wants.' Now Republicans are backtracking

[SunSeeker]

3. 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) 395 U.S. 486, 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, citing Powell v. McCormack .