Grijalva’s Lawsuit to Force House Swearing-In Draws Trump Judge

Rep.-elect Adelita Grijalva’s lawsuit against the House has been assigned to a conservative judge appointed by President Donald Trump.

Grijalva’s (D-Ariz.) suit — filed in the US District Court for the District of Columbia earlier this week — will be heard by Judge Trevor N. McFadden. McFadden, appointed to the bench during the first Trump administration, is among the more conservative judges on the Washington federal trial court, where 11 of the court’s 15 judges were appointed by Democratic presidents.

McFadden has ruled in favor of the administration in early stages of challenges to a rule requiring immigrants to register with the federal government and to its effort to freeze funds for refugee resettlement. However, in April, he ordered the administration to reinstate the Associated Press’ access to cover Trump at the White House.

Grijalva said she was looking into the appointment.

Grijalva won a special election to replace her late father on Sept. 23, but won’t become a member of Congress until Johnson officially seats her. Grijalva will narrow the GOP’s House advantage to 219-214. She’ll also be the deciding 218th signature, forcing a vote to release files related to disgraced financier Jeffrey Epstein.

Speaker Mike Johnson (R-La.) last week called Democratic Arizona Attorney General Kris Mayes’ threats of legal action a “publicity stunt by a Democrat Attorney General in Arizona who sees a national moment and wants to call me out.” He said Monday that Grijalva could, and should, answer constituents’ questions and work on their behalf even as she awaits her formal swearing-in.

Read more: Grijalva Sues Congress as Johnson Delays Her House Swearing-In

However, Grijalva says it’s far more complicated than that, as she lacks an office budget and a district office needed to reach her constituents. As of Thursday, her office does not have a readily available phone line or website for constituents to contact. The number for her late father’s office connects to a recorded message telling callers to contact their other Arizona representatives, and the district office line still has a voicemail from late Rep. Raúl Grijalva (D), who died in March.

The case is Ariz. v. House of Representatives, D.D.C., No. 1:25-cv-03740.