Arizona sues over Mike Johnson’s refusal to swear in democrats’ newest member - CNN

Arizona Attorney General Sues US House of Representatives Over Congressional Seat Dispute

In a developing story, Arizona's Attorney General has filed a lawsuit against the US House of Representatives, targeting Republican Speaker Mike Johnson for his refusal to seat an Arizona member of Congress who was elected in late September. The dispute centers around the governor's authority to appoint a replacement if a congressman resigns or is removed from office.

Background

In November 2022, Arizona Governor Katie Hobbs certified the results of the gubernatorial election, which saw Republican Kari Lake defeat Democratic incumbent. However, not everyone was pleased with the outcome. The certification process revealed that two members of Congress had been elected in a special election held on September 27, 2022.

The Dispute

One of these newly elected representatives is Arizona's own Paul DeGoody, who won a congressional seat vacated by Republican Rep. David Schweikert (R-AR). However, when Speaker Mike Johnson took office as the new leader of the House Republicans, he refused to seat DeGoody, citing a provision in the House Rules that requires members-elect to be sworn in before they can take their seats.

The Governor's Authority

Arizona Attorney General Raúl G. Perez (D) has argued that the governor's authority to appoint a replacement is paramount, even if a member-elect wins an election. The attorney general believes that the governor should have been consulted and involved in the process of certifying the winner.

The Lawsuit

On [Date], Attorney General Perez filed a lawsuit against Speaker Johnson and the House of Representatives, arguing that the refusal to seat Rep. DeGoody is an overreach by the legislative branch and a usurpation of the executive's authority. The lawsuit claims that:

  • The Governor's Authority Precedes the Legislative Branch: According to Arizona law, the governor has the authority to appoint a replacement if a congressman resigns or is removed from office.
  • The House Rules Do Not Apply: The attorney general argues that the provision in the House Rules requiring members-elect to be sworn in before taking their seats does not supersede the governor's authority.

Reactions

Speaker Johnson and the House Republicans have expressed support for Rep. DeGoody's election and acknowledged his victory. However, they also maintain that the House Rules must be followed, and that the speaker has the authority to determine which members-elect are seated in the House.

The dispute between Governor Hobbs and Speaker Johnson highlights the ongoing tension between the executive and legislative branches of government in Arizona. The court case is likely to have significant implications for the state's electoral process and the relationship between the governor and the legislative branch.

What's at Stake

  • Arizona's Congressional Representation: The dispute over Rep. DeGoody's seat has raised questions about the stability and security of Arizona's congressional representation.
  • State Sovereignty: The lawsuit highlights the tension between federalism and state sovereignty, with implications for other states with similar electoral disputes.

Next Steps

The court case will likely involve a series of hearings and arguments before a judge decides on the merits of the lawsuit. If the court rules in favor of Attorney General Perez, it could have significant implications for Arizona's electoral process and the relationship between the governor and the legislative branch.

Conclusion

The dispute over Rep. DeGoody's seat highlights the complexities and nuances of Arizona's electoral system. As the court case unfolds, we can expect more information about the governor's authority and the House Rules' applicability to this situation. The outcome will have significant implications for the state's congressional representation and the balance between the executive and legislative branches.

Potential Outcomes

  • Rep. DeGoody Seated in Congress: If the court rules in favor of Attorney General Perez, Rep. DeGoody may be seated in Congress, securing Arizona's congressional representation.
  • House Rules Apply: The House Republicans may successfully argue that the provision in the House Rules requiring members-elect to be sworn in before taking their seats supersedes the governor's authority.
  • State Sovereignty: The court may rule that the state of Arizona has significant autonomy over its electoral process, with implications for other states with similar disputes.

Stay Tuned

As this story continues to unfold, we'll provide updates on the court case and its potential outcomes. In the meantime, stay informed about the latest developments in Arizona politics and the implications for the country's electoral system.

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