A Texas appeals court has overturned a temporary injunction that had shut down the clinics operated by midwife Maria Rojas in the Houston area. The court determined that the state’s case, led by Attorney General Ken Paxton, was founded on improperly admitted affidavits and lacked adequate evidence to justify the injunction.
The 15th Court of Appeals stated that the state did not present sufficient evidence for the trial court to issue a temporary injunction against Rojas. The three-judge panel ruled that the affidavits related to probable cause from a separate criminal case should not have been accepted as evidence during the injunction hearing, leading to the conclusion that the trial court “abused its discretion.” The court subsequently reversed the injunction and remanded the case for further proceedings.
Justice Scott Field noted, “We conclude that the trial court improperly admitted probable-cause affidavits from a related but separate criminal case and that the remaining evidence is insufficient to reasonably support the existence of a probable right of recovery.” As a result, the court found the trial court’s decision to grant temporary injunctive relief to be erroneous.
Maria Rojas has faced significant legal challenges, being the first individual in Texas charged with violating the state’s abortion ban, and also contending with charges of practicing medicine without a license. She was previously incarcerated for 10 days on a $1.4 million bond and is currently under electronic monitoring, with her midwifery license suspended.
In addition to Rojas, the attorney general’s office has arrested eight other individuals linked to her clinics, which Paxton described as an “illegal cabal” of unlicensed practitioners.
The Center for Reproductive Rights, representing Rojas, expressed skepticism regarding the possibility of reopening the clinics, even after the injunction was lifted. Senior Counsel Jenna Hudson stated, “Maria Rojas has been an upstanding midwife who delivered babies and provided lawful care for underserved pregnant patients. The state should be doing everything it can to make sure they can get the health care they need, not shutting down desperately needed health care providers based on trumped-up evidence and a shoddy investigation.” Hudson emphasized the urgent need for healthcare in Texas, highlighting the alarming maternal mortality rates.
Rojas operated multiple clinics in Harris and Waller counties, and the attorney general’s office alleges she provided abortion medications to women. However, Rojas’ legal team contended that misoprostol, a medication commonly used by midwives for managing miscarriage and labor, is not solely intended for abortion purposes.
