Mo Brooks: House Republicans ignore Constitution and the will of 800,000 citizens in Arizona

This is an opinion column

There was a time in America when most politicians were honest. They were honorable, believed in our Republican form of government, and understood the importance of law and order, equal protection, and fairness.

Those days are long gone. They have been replaced too often by a “win at all cost” attitude that, ultimately, causes all Americans to lose.

Such is what is happening with U.S. Representative-elect Adelita Grijalva, D-Ariz.

U.S. Rep. Raul Grijalva was 77 years old when he died on March 13, 2025. Pursuant to Article 1, Section 2 of the U.S. Constitution, a special election was held to fill the vacancy.

Just over a month ago, on September 23, Arizona voters elected Raul’s daughter, Adelita, with an overwhelming 69% of the vote, to be the next Representative from Arizona.

All candidates and parties agree Adelita Grijalva won fair and square. There were no election contests. There were no other disputes.

In my 12-years’ experience in Congress, winners of special elections were usually sworn in within one to three days after winning their elections. Some waited a couple of weeks or until Congress was back in session.

Under House Speaker Mike Johnson’s reign, newly elected winners of special elections have been sworn in as soon as the day after their election and no later than two weeks after their election … except for Adelita Grijalva.

Adelita Grijalva has asked to be sworn in for over a month but Speaker Johnson, R-La., refuses. He has no legitimate excuse for delay.

From where I sit, it appears Johnson refuses to swear in Grijalva because her vote may affect whether Republican legislation passes or fails — or, more pointedly, whether the Epstein files will be released as promised.

That is wrong!

Article 1, Section 5 of the Constitution states “Each House shall be the Judge of the Elections, Returns and Qualifications of its own Members.” That language is the basis for the House Speaker’s decision to thwart the will of Arizona voters.

Yet, no one argues Adelita is unqualified to serve or that she has not been lawfully and duly elected to be a member of the House.

Pure, raw, powerplay politics is not a valid basis for denying 800,000+ Arizona citizens their Constitutional right to representation in the House of Representatives.

For emphasis, the House of Representatives has met in formal or pro forma session NINE days since Adelita Grijalva’s election on September 23. Those meeting days were September 26 & 30 and October 3, 6, 8, 10, 14, 17 & 21. Grijalva could have been sworn in on any of those days had the House Speaker allowed.

But Johnson did not.

Finally, after patience wore thin, on October 21, the state of Arizona and Grijalva filed suit in the U.S. District Court for the District of Columbia, asserting, in part:

“The Constitution leaves the House without authority to exclude any person, duly elected by his constituents, who meets all the requirements for membership expressly prescribed in the Constitution.” Powell v. McCormack, 395 U.S. 486, 522 (1966). [a U.S. Supreme Court decision]

Ms. Grijalva has for weeks requested that Speaker Johnson administer the oath to her and seat her, consistent with 2 U.S.C. § 25, House precedents, and his uniform practice, but he has refused to do so until a time of his choosing, which he now says will be when the House comes back into regular session, even though he initially said he would do it as soon as Ms. Grijalva wanted.

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.

I’m a Republican. The House Speaker is a Republican. Adelita Grijalva is a Democrat. But what is right is right, and what the Republican House Speaker is doing to Democrat Adelita Grijalva is wrong. Period.

There are two bottom lines that dictate how this matter should be resolved.

First, Adelita Grijalva ran for Congress and undisputedly won. She is legally qualified to serve. She has asked to be sworn in but been denied. That is wrong.

Second, the people of Arizona have a Constitutional right to representation in the U.S. House of Representatives. As of now, more than 800,000 citizens of America and Arizona are being denied their right to representation in the U.S. House by the Speaker for demonstrably illegitimate reasons. That is wrong.

Hence, the Republican House Speaker violates his oath of office by refusing to obey the Constitution and swear in Grijalva.

Such hyper-partisanship is bad for a Republic, bad for America, and bad for the citizens of Arizona.

House Speaker Mike Johnson should obey his duty and swear Grijalva into the House, or designate someone else to swear her in for him.

House Speaker Mike Johnson should also be mindful that what goes around comes around.

It is best for Johnson to be a good example, not a bad one Democrats will surely emulate or expand on when they are next in power.

Mo Brooks served on the House Armed Services Committee for 12 years and the Foreign Affairs Committee for 6 years. Brooks graduated from Duke University in 3 years with a double major in political science and economics (highest honors in economics).