What Happens When the House Refuses to Swear in a New Member?
Opening Arguments
Opening Arguments Media LLC
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🗓️ 3 November 2025
⏱️ 55 minutes
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Summary
OA1204 - As House Speaker Mike Johnson continues to pretend that he doesn’t have to seat Democrat Adelita Grijalva well over a month after she was elected to represent Arizona’s 7th Congressional district, we take a closer look at the last time that Congress refused to swear someone in and what the Warren Court had to say about it. Who was Harlem Congressman Adam Clayton Powell, why was the House so intent on excluding him in 1966, and how precedential might Powell v. McCormack be for the lawsuit which Arizona has filed on Grijalva’s behalf?
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Powell v. McCormack, 395 U.S. 486 (1969)
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Complaint in Arizona v. House of Representatives (filed 10/21/25)
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Transcript
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| 0:00.0 | Well, we're just never going to tell you what to do and we're going to ruin democracy. |
| 0:07.4 | That can't be the answer here. |
| 0:17.5 | You are allowed to never seat people as long as you don't say a bad reason to exclude somebody. |
| 0:25.7 | The next majority leader could refuse to see every single opposition member of the House forever. |
| 0:32.4 | That can't be the answer, right? |
| 0:34.0 | So there has to be a limit somewhere. |
| 0:41.8 | Okay. answer, right? So there has to be a limit somewhere. Welcome to opening arguments. I'm Matt Cameron and with Ms. Janessa Seymour, and we are talking |
| 0:45.9 | about an unfortunately very relevant Warren court case today in which the simple question is |
| 0:50.5 | asked, what if Congress decides just not to let somebody take their seat? That would |
| 0:56.1 | never happen, right? Wonders never cease in 2025. It's a good thing that I have an election |
| 1:03.7 | law expert with me, Janessa. What do you think about not having somebody seated? Once again, |
| 1:09.5 | we are up against the why did somebody not write into law? |
| 1:15.0 | You have to do this. |
| 1:16.2 | Oh, right, because never in my wildest dreams, did I imagine you would try to not do this? |
| 1:23.0 | It's so frustrating. |
| 1:24.9 | There's no basis in election law whatsoever to be doing something like this |
| 1:29.0 | outside of some very clearly prescribed circumstances where you are actually challenging |
| 1:35.6 | the validity of the election. And that's not what's happening here. Sure. Or the qualifications. |
| 1:40.8 | If you could prove that somebody wasn't 25 at the time they were elected to Congress or if they lived in their state, right, if they're actually a resident of a completely state, right? And we'll get into some of that. But this case from 1969, we're going to be looking at it. It's called Palby McCormick. And it features one of the most interesting people ever elected to Congress. I can't wait to tell you about. He's actually just a classic kind of dirtbag that we love to talk about it these days in opening arguments, very much along the lines of Timothy Leary, who we started this series off with, actually. A little good, a little bad. Certainly a pioneer and a radical in his own way, in lots of good ways, but also, you know, not always great to people. So we'll be talking about Adam Clayton Powell and how it came to be that the House of Representatives decided to try to exclude him from being sworn in at all. And of course, we'll be tying that into the case of Adelaida Grijalva, who was elected by a substantial majority by her constituents in Arizona to replace her father. So we'll get into that. And how that all fits in because the Arizona Attorney General, Chris May is su is suing right now to get Grohava seated, |
| 2:36.0 | and the only case on point is Palpi McCormick from 1969. So I'll talk about how this case |
| 2:42.3 | actually came about because it's pretty different from the Grahava situation, although it does |
| 2:46.1 | have some similarities. And then we're going to talk about how it developed and then sort of |
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