Fact Check: Did a federal judge order Mike Johnson to swear in Rep-elect Adelita Grijalva?

Adelita Grijalva and Arizona AG Kris Mayes filed a lawsuit against the House of Representatives on October 21 over the delayed swearing-in
Viral posts claim a federal judge has ordered Mike Johnson to swear in Adelita Grijalva without further delay (Getty Images)
Viral posts claim a federal judge has ordered Mike Johnson to swear in Adelita Grijalva without further delay (Getty Images)

WASHINGTON, DC: A claim has been circulating on social media that a federal judge ordered House Speaker Mike Johnson to swear in Arizona Democrat Adelita Grijalva without any further delay, who won a special election in September this year.

The claim spread widely amid growing controversy over the delay. So, let's find out if there's any truth to it.  

Claim: A federal judge ordered Mike Johnson to swear in Adelita Grijalva without further delay



The claim, which began circulating earlier in November, says that a federal judge had ordered Mike Johnson to immediately swear in Rep-elect Adelita Grijalva, a Democrat who won a special election on September 23 and had not yet been administered the oath of office, preventing her from officially serving in Congress.

The claim comes after Grijalva pledged to be the deciding signature on a petition seeking a vote to release the so-called Jeffrey Epstein files. Following this, posts on Facebook, X, and Threads widely shared a celebrated the alleged court order. 

A viral Facebook post read, "Chaos exploded on Capitol Hill after Arizona Attorney General and Congresswoman-elect Adalita Grahalva hit Speaker Mike Johnson with a lawsuit for refusing to administer her oath. But the real bombshell isn’t the legal fight — it’s the Epstein documents. Johnson’s stonewalling wasn’t about protocol at all, insiders say, but about blocking the last vote needed to unlock the full Epstein records."

"Now a federal judge has ordered Johnson to swear her in without delay, shattering his blockade and exposing a brutal power play at the heart of MAGA’s leadership," it added. 

Fact Check: No such court order exists

Arizona Rep.-elect Adelita Grijalva, a Democrat who won a special election on September 23 (@AdelitaForAZ/X)
Arizona Rep-elect Adelita Grijalva won a special election on September 23 (@AdelitaForAZ/X)

Adelita Grijalva and Arizona Attorney General Kris Mayes, a Democrat, filed a lawsuit against the House of Representatives on October 21 over the delayed swearing-in. The case submitted to a federal court in Washington, DC, asked Johnson or another person authorized to administer the oath of office to swear her into Congress.

However, according to the case's docket, which includes updates for all proceedings, the judge had not yet issued a decision as of November 7, which means the claim is false. 

The public can access the case docket via the legal database CourtListener. The last documents filed in the case, as of this writing, were basic administrative filings in late October. 

Mike Johnson has said he'll swear in Adelita Grijalva once the House returns to session

U.S. Speaker of the House Mike Johnson (R-LA) speaks during a news conference after a House Republican Caucus meeting at the U.S. Capitol on September 24, 2024 in Washington, DC. House Republicans are working towards agreeing to pass a continuing resolution on the House floor to fund the government through December 20th. (Photo by Anna Moneymaker/Getty Images)
Speaker of the House Mike Johnson (R-LA) speaks during a news conference after a House Republican Caucus meeting at the US Capitol on September 24, 2024, in Washington, DC (Anna Moneymaker/Getty Images)

Mike Johnson has repeatedly stated, including in a comment to Snopes in October, that he will swear in Adelita Grijalva once the House returns to session, citing a precedent set by Democratic Rep Nancy Pelosi of California, a former speaker of the House. 

He also dismissed the threat of legal action as a "publicity stunt" a few days before Grijalva officially filed her complaint. 

Grijalva's complaint noted, however, that Johnson swore in two Republicans this year while the House was not in session. It also argued that the House speaker "has not identified any valid reason for refusing to promptly seat Ms Grijalva." 

"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," alleged Page 3 of the document. 

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