Welcome to DU! The truly grassroots left-of-center political community where regular people, not algorithms, drive the discussions and set the standards. Join the community: Create a free account Support DU (and get rid of ads!): Become a Star Member Latest Breaking News Editorials & Other Articles General Discussion The DU Lounge All Forums Issue Forums Culture Forums Alliance Forums Region Forums Support Forums Help & Search

onenote

(46,120 posts)
5. She can't and thus she won't.
Tue Oct 14, 2025, 04:59 PM
Oct 2025

By statute-- specifically 2 USC 25 -- it is the Speaker of the House that is empowered to swear in members of Congress. That law was passed in 1789 and has over 230 years of precedent supporting it. The only way that someone other than the Speaker can swear in a member is if the House passes a resolution giving the Speaker authority to deputize someone else to administer the oath. And you can take it to the bank that this Republican majority Congress isn't going to adopt any such resolution.

It is all spelled out in specific detail in the official "Precedents of the US House of Representatives"

See https://www.democraticunderground.com/?com=view_post&forum=1002&pid=20709495

And let me be clear: I am not in any way defending Johnson's failure to swear in Grijalva. His inaction is unjustified and inexcusable. But the often repeated claim that any old judge can step and administer a legally binding oath is simply false. Even a swearing in that is pre-authorized by a House Resolution has to be accepted after the fact by the adoption of a subsequent resolution by the House.

Recommendations

3 members have recommended this reply (displayed in chronological order):

And how long has it been already? ananda Oct 2025 #1
I'm guessing, but I think the timing is related to the fact the election was certified today. BadgerMom Oct 2025 #7
Thank you. ananda Oct 2025 #11
No kidding. BadgerMom Oct 2025 #16
The reason tor the timing is pretty clear if you read the letter. ShazzieB Oct 2025 #12
Kick BlueWaveNeverEnd Oct 2025 #2
Just have Justice Jackson administer the oath dweller Oct 2025 #3
She can't and thus she won't. onenote Oct 2025 #5
Okay... this is snark... but really... 230 years of precedent? So the frack what? slightlv Oct 2025 #14
This message was self-deleted by its author onenote Oct 2025 #18
The Arizona Justice department will sue Mike Johnson if he doesn't seat Adelita Grijalva. LetMyPeopleVote Oct 2025 #4
AZ AG Kirs Mayes does not suffer fools Attilatheblond Oct 2025 #6
I know. Isn't she wonderful! (n/t) wackadoo wabbit Oct 2025 #20
Bravo!!!!! mountain grammy Oct 2025 #9
Going out on a limb here with something that can't be proven in any way mountain grammy Oct 2025 #8
Mikey's waiting for some reason until after the No Kings rallies... slightlv Oct 2025 #15
Love it! (nt) Paladin Oct 2025 #10
Screw that :"threatens: horse shit, just file the suit Warpy Oct 2025 #13
Johnson listens to his lard and savior Donald Trump. Yo_Mama_Been_Loggin Oct 2025 #17
Quite the scene in the Capitol right now... Members of the Democratic Women's Caucus marched through the Capitol and to S riversedge Oct 2025 #19
Latest Discussions»Latest Breaking News»Arizona AG threatens lega...»Reply #5