Does Adelita Grijalva have any recourse?

[Son_of_a_Rich]

It’s 2025. She should be able to be sworn in online. They can have a fancy ceremony later.

[Chronos]

@Saint_Cad

Invalid under the law 2 USC 25.

Oath of Speaker, Members, and Delegates
At the first session of Congress after every general election of Representatives, the oath of office shall be administered by any Member of the House of Representatives to the Speaker; and by the Speaker to all the Members and Delegates present, and to the Clerk, previous to entering on any other business; and to the Members and Delegates who afterward appear, previous to their taking their seats.

Which says nothing about special elections. Since she was elected in a special election, and not a general election, she can be sworn in by anyone.

[Saint_Cad]

@Chronos

Which says nothing about special elections. Since she was elected in a special election, and not a general election, she can be sworn in by anyone.

Yeah it does

@Saint_Cad

and to the Members and Delegates who afterward appear, previous to their taking their seats.

[Chronos]

OK, then, by refusing to do something that the law says that the Speaker “shall” (not “may”, “shall”) do, Johnson has resigned the Speakership.

Yes, it’s a stupid argument. But it’s not any stupider than the arguments the Republicans are using.

[Saint_Cad]

Actually, it sounds more like a SovCit argument that they use against judges.
His out is that the House is not in session thus she does need to be seated until it is … except it was in session on the 17th. SCOTUS has said that for a pro-forma session to count, it must be able to conduct business so a Point of Order could have been made and let the Speaker Pro-Tem deal with it.

[Stranger_On_A_Train]

@Chronos

OK, then, by refusing to do something that the law says that the Speaker “shall” (not “may”, “shall”) do, Johnson has resigned the Speakership.

No, he hasn’t. That this arcane bit of proceduralism has resulted in a situation where the Speaker of the House can orchestrate the inability of a duly elected official to execute their duties is inane to say the least, but making up more arbitrary ‘rules’ to try to negate it doesn’t facilitate anything. The reality is that there shouldn’t be any need for ‘swearing in’; an elected official should automatically take office on the day in which the new Congress is able to come into session regardless of whether its leaders try to impede procedural norms, but this is just more evidence that ‘The Founders’ were not the prescient geniuses that textbooks tell us they were.

Stranger