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MayReasonRule

(4,012 posts)
Wed Oct 8, 2025, 02:59 PM Oct 2025

Yes, A Judge Or Even A Notary Public Can Swear In A Member Of Congress!

Last edited Thu Oct 9, 2025, 03:13 PM - Edit history (1)

If Republicans can casually ignore precedent, so can Democrats.

Speaker Johnson has no right to stop duly elected representatives from taking office.

Call a press conference on the capitol steps, and swear in Democratic Representative-Elect Adelita Grijalva - NOW.

DBdant (@dbdant.bsky.social) 2025-10-07T14:57:19.258Z
21 replies = new reply since forum marked as read
Highlight: NoneDon't highlight anything 5 newestHighlight 5 most recent replies
Yes, A Judge Or Even A Notary Public Can Swear In A Member Of Congress! (Original Post) MayReasonRule Oct 2025 OP
Rfn! SheltieLover Oct 2025 #1
So, what are we waiting for? no_hypocrisy Oct 2025 #2
Go for it. Swear the Rep in on the House Steps! Captain Zero Oct 2025 #3
Why wo t tbe dems do it? I wonder if they are afaid? Why wont they do it ??? Trueblue1968 Oct 2025 #18
Well lets get on with it already ! Maru Kitteh Oct 2025 #4
And?????? Let's do it! Ninga Oct 2025 #5
Be one step ahead, instead of waiting politely to the side. yellow dahlia Oct 2025 #6
That would be a nice change, wouldn't it? (nt) Paladin Oct 2025 #11
Before you can force a swearing in the election must be certified by the State Jersey Devil Oct 2025 #7
Interesting... Thank You For Pointing This Out.. I Just Checked To See... It Has Been Certified! MayReasonRule Oct 2025 #8
The swearing in cannot be "forced" onenote Oct 2025 #14
Do it Do it RFN Tribetime Oct 2025 #9
Do it. GoodRaisin Oct 2025 #10
Kick Tribetime Oct 2025 #12
No they can't. And they won't. onenote Oct 2025 #13
Oh phooey. You mean there's rules? Hekate Oct 2025 #15
Federal Judges Have Already Previously Helped Swear In Members of Congress MayReasonRule Oct 2025 #16
Supporting exactly what I posted, thank you. A judge can administer the oath only pursuant to a House resolution. onenote Oct 2025 #17
Time Will Tell... Nothing Fucking Ventured, Nothing Fucking Gained!!! MayReasonRule Oct 2025 #19
Great info SocialDemocrat61 Oct 11 #21
I was with you until "no one" RandomNumbers Oct 2025 #20

yellow dahlia

(4,557 posts)
6. Be one step ahead, instead of waiting politely to the side.
Wed Oct 8, 2025, 05:20 PM
Oct 2025

Dems need to get more feisty and more proactive and more creative.

Jersey Devil

(10,739 posts)
7. Before you can force a swearing in the election must be certified by the State
Wed Oct 8, 2025, 05:25 PM
Oct 2025

Though Congress usually doesn't wait for certfication in elections that are not close, this time they are and you cannot go before a judge and demand a swearing in until the election is officially certified. I don't think that has happened yet.

onenote

(45,990 posts)
14. The swearing in cannot be "forced"
Thu Oct 9, 2025, 03:16 PM
Oct 2025

Look, what Johnson is doing is unjustified and unforgivable. But the reality is that US statutory law assigns the job of swearing in members to him and doesn't otherwise set a schedule for doing so in the case of members elected via a special election. And a review of past history reveals that the amount of time from election to swearing in varies wildly, with instances of it being delayed for a month to instances of it happening in a matter of days.

onenote

(45,990 posts)
13. No they can't. And they won't.
Thu Oct 9, 2025, 03:13 PM
Oct 2025

This keeps getting posted and it never acknowledges 2 USC 25 -- one of the oldest statutory provisions in US history, dating back to 1789 -- in which it was decreed that the speaker of the House is to swear in members of Congress. And over the course of the nation's history, as far as I can determine, the only times where someone other than the speaker has sworn in a member of Congress has been when the House, by a resolution adopted by a majority of its members, expressly authorizes a specific person to administer the oath in lieu of the speaker.

No judge is going to ignore that statute and over 230 years of history and the comments being posted online suggesting otherwise do a major disservice.

MayReasonRule

(4,012 posts)
16. Federal Judges Have Already Previously Helped Swear In Members of Congress
Thu Oct 9, 2025, 03:31 PM
Oct 2025



How a judge can swear in a House member

The typical procedure for swearing in House members is outlined in 2 U.S.C. § 25:

The Speaker-elect is sworn in by a member of the House.
The Speaker then administers the oath to all other House members en masse.

However, the House has the authority to approve alternative arrangements for members who could not be present for the mass swearing-in. In these cases, the Speaker may designate another individual to administer the oath on their behalf. The use of federal and local judges for this purpose is supported by the House's historical precedents.
Legal basis for a judge swearing in a member

Constitutional authority: The U.S. Constitution (Article VI, Clause 3) requires members of Congress to take an oath but does not specify who must administer it.
Authorization for federal judges: Under 5 U.S.C. § 2903, federal judges are authorized to administer oaths and affirmations.
House precedents: The House of Representatives has historically authorized judges to administer the oath to absent representatives, such as members elected in special elections. For example, in 2013, several federal judges swore in members of Congress who were not present for the initial ceremony.

onenote

(45,990 posts)
17. Supporting exactly what I posted, thank you. A judge can administer the oath only pursuant to a House resolution.
Thu Oct 9, 2025, 04:36 PM
Oct 2025

Yes, there is historical precedent for a judge swearing in a member of Congress, WHEN AUTHORIZED BY A RESOLUTION PASSED BY THE HOUSE

So, absent such a resolution being adopted -- and I'm willing place a sizable wager this Repub majority Congress isn't going to do that -- no judge will be authorized to swear Grijalva.

To further substantiate my post, here is a link to the official "Precedents of the U.S. House of Representatives." https://www.govinfo.gov/content/pkg/GPO-HPREC-PRECEDENTS-V1/pdf/GPO-HPREC-PRECEDENTS-V1.pdf

The rules and precedents governing the swearing in of members are found in Chapter 2, and the specific rules and precedents governing the deputization of someone other than the Speaker to administer the oath are found in Section 3.1 of Chapter 2. I direct attention to the bottom of page 182, wherein it is stated:

"The House may also authorize the Speaker to deputize another to administer the oath of office. Most often, this is done when the Member–elect cannot travel to Washington, D.C., to be present on opening day of a new Congress (due to illness, for example). For these circumstances, the House will adopt a resolution conferring on the Speaker the authority to name a deputy to administer the oath.(23) Such resolutions are privileged for consideration.(24) The Speaker may deputize anyone to administer the oath of office, though this function is typically performed by a Federal or state judge,(25) and occasionally by another Member of the House.(26) When the oath is administered, the person deputized to administer the oath informs the Speaker, who lays such communication before the House.(27) The House formally ‘‘accepts’’ the oath administered by a deputy, either in the resolution authorizing the Speaker to deputize(28) or by separate resolution.(29)
23. See § 3.13, infra. See also Deschler’s Precedents Ch. 2 §§ 5.8–5.12.
24. See, e.g., H. Res. 8, 133 CONG. REC. 19, 100th Cong. 1st Sess. (Jan. 6, 1987) and H.
Res. 25, 133 CONG. REC. 820, 821, 100th Cong. 1st Sess. (Jan. 7, 1987)
25. See § 3.13, infra.
26. See 129 CONG. REC. 52, 98th Cong. 1st Sess. (Jan. 3, 1983). 27. See § 3.14, infra.
28. See § 3.13, infra.
29. See § 3.15, infra.

Examples of such resolutions can be found at pages 199-202.


RandomNumbers

(19,056 posts)
20. I was with you until "no one"
Thu Oct 9, 2025, 06:38 PM
Oct 2025

Of course, it isn't helpful in this case, but...

We very well know some one(s) who WOULD "ignore that statute and over 230 years of history" - if it were to THEIR benefit.

Yes, yes, you are correct regarding this thread ... but you can trust, if there is a perceived need, your "no one" will turn into "some one".

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