Texas appeals court reverses temporary injunction against midwife accused of violating state abortion ban
Maria Rojas is also facing separate criminal charges.
A Texas appeals court on Thursday reversed a temporary injunction against a Houston-area woman accused of violating the state's abortion ban.
Maria Margarita Rojas was arrested in March 2025 and accused of providing "illegal abortions" and practicing medicine without a license at a network of clinics in northwestern Houston, according to Texas Attorney General Ken Paxton.
Rojas' attorneys have argued that the allegations are not true and that the state has failed to prove any abortions were happening at the clinics or that any unlawful practice was occurring.
A lower court in Waller County issued a temporary injunction against Rojas in May of last year, effectively shutting down the three clinics at which she worked.
In Thursday's memorandum opinion, the Fifteenth Court of Appeals in Austin found that "the State of Texas did not provide the trial court with sufficient evidence on which the trial court could grant a temporary injunction."
The panel of three judges found the state improperly presented probable-cause affidavits from Rojas' separate criminal case at the civil hearing.
"As a result, the trial court abused its discretion in admitting the probable-cause affidavits," the opinion read. "Without the probable-cause affidavits, the remaining evidence in the record does not reasonably support the State's allegations that abortions have been performed at the Clinics."
However, the opinion notes that it only determines the status of the injunction and does not address not whether the allegations against Rojas are true.
"Although the suit underlying this interlocutory appeal involves allegations that the appellants, a licensed midwife and a group of associated clinics, performed illegal abortions and practiced medicine without a license, this opinion does not decide whether those acts occurred," the opinion states.
Jenna Hudson, senior counsel at the Center for Reproductive Rights, which is representing Rojas in her civil case along with legal firms Arnold & Porter and Hearron PLLC, told ABC News they're "thrilled" by the decision.
"She's a midwife who's dedicated her life to caring for Texas mothers and families," Hudson said of Rojas. "She's been subject to such vile treatment by the state of Texas, and this ruling on the appellate court agreeing with us that there has not been any evidence presented against her is really an important and critical step in in righting this vile treatment."
In a statement to ABC News, Paxton's office said that the attorney general intends to petition for review in the Texas Supreme Court.
"Attorney General Paxton has secured bond conditions that protect Texas women from Maria Rojas’ illegal abortion scheme, which evidence shows included providing unqualified medical advice that led to vulnerable women aborting their babies," the statement read. "To further ensure clarity in temporary injunction procedure in this and other cases."
Rojas is separately facing criminal charges, including a second-degree felony for allegedly performing an abortion, according to a press release last year from Paxton's office.
According to the press release, Rojas is a midwife known as "Dr. Maria" who owned and operated multiple clinics, including Clinica Waller Latinoamericana in the city of Waller, Clinica Latinoamericana Telge in Cypress, and Latinoamericana Medical Clinic in Spring, all of which are located in the northwest Houston area.
Rojas is accused of performing "illegal abortion procedures" in her clinics, which prosecutors allegedly violated the Texas Human Life Protection Act, according to the attorney general's office. She also allegedly violated the state's Medical Practice Act by practicing medicine without a license, the attorney general's office said.
Abortions are banned in Texas except in limited cases, such as if the woman has a life-threatening condition or is at risk of "substantial impairment of a major bodily function."
The attorney general's office additionally arrested ten other people last year whom the office allege are affiliated with the clinics, accusing them of being a "cabal of abortion-loving radicals" and charging them with allegedly practicing medicine without a license.
Rojas is the first person in Texas to be accused of violating the state's abortion ban, according to Hudson, who said she believes the case is part of a larger tactic by the state to intimidate healthcare providers.
Hudson added that Rojas was arrested, spent 10 days in jail, paid an "exorbitant bond" to be released and is still wearing an ankle monitor. Her midwifery license has also been suspended.
"She has completely lost her livelihood, including because of the criminal charges and because this injunction shut down her clinic," Hudson told ABC News. "The people who went to her for care – which were primarily low-income, uninsured and primarily Spanish-speaking members of the Houston community – have been left in the lurch. They relied on her clinic for all forms of healthcare, not just maternal healthcare, and they have been unable to access their health records or test results."
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