The Texas Fifteenth Court of Appeals reversed a lower court's injunction that had closed clinics operated by midwife Maria Margarita Rojas, finding the state relied on affidavits from a parallel criminal case rather than admissible civil evidence. The decision does not dismiss criminal charges filed in March under Texas' near-total abortion ban; Rojas has pleaded not guilty. Paxton's office says it will appeal to the Texas Supreme Court, while the criminal prosecution continues and the clinics are expected to remain closed for now.
Appeals Court Rules Paxton Failed To Prove Case To Close Midwife's Clinics
A women's health clinic chain in Houston was shut down while its founder Maria Margarita Rojas becomes the first person charged under the state's new near total abortion ban. A civil case overturned the clinics' closings, but the criminal case against Rojas continues. Jon Shapley / Houston Chronicle / Getty Images
A Texas appeals court has reversed a lower court's order that had closed clinics run by Houston-area midwife Maria Margarita Rojas, finding the state did not present admissible evidence in the civil proceeding to justify a temporary injunction.
In a decision issued Thursday, the Fifteenth Court of Appeals concluded that prosecutors relied heavily on affidavits filed in a parallel criminal case rather than evidence admissible in the separate civil action. The three-judge panel said the trial court ‘‘abused its discretion by considering incompetent evidence in support of the temporary injunction.’’
"The trial court abused its discretion by considering incompetent evidence in support of the temporary injunction," the panel wrote.
The ruling does not dismiss the underlying allegations or the criminal charges against Rojas. In March, Rojas became the first person charged under Texas' near-total abortion ban; prosecutors allege she performed illegal abortions and practiced medicine without a license. Rojas has pleaded not guilty.
Attorney General Ken Paxton's office filed the civil lawsuit shortly after the criminal charges were announced, seeking permanent closure of Rojas' clinics and financial penalties. The appeals court ruled the state failed to meet the legal standard for a temporary injunction because much of the material relied on was not admissible in the civil case.
The attorney general's office said it plans to appeal the decision to the Texas Supreme Court.
The Center for Reproductive Rights, which represents Rojas, welcomed the ruling, saying the state failed to produce admissible evidence to support the injunction and that the order should never have been granted. The organization also emphasized that the criminal prosecution remains pending.
Although the injunction ordering the clinics closed has been lifted, Rojas' attorneys said the facilities are not expected to reopen while the criminal case continues.
Why This Matters
The case has drawn national attention as one of the first major legal tests of Texas' abortion bans since the U.S. Supreme Court's 2022 decision overturning Roe v. Wade. The Texas statute largely prohibits abortion except when necessary to save the pregnant patient's life, exposing providers to civil penalties and potential criminal prosecution. The appeals court's decision is narrow: it addresses only whether evidence supported a temporary injunction, not the merits of the underlying allegations or the ongoing criminal case.
The legal battle will continue in other proceedings, including potential review by the Texas Supreme Court and the pending criminal trial.
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