No Proof that Texas Midwife Violated Abortion Ban, Court Rules

  • Press Release
4 min. read

A Texas appeals court ruled that the State did not provide evidence that Maria Rojas and several health clinics provided abortions; reverses injunction that shut down the clinics

07.23.26 (PRESS RELEASE) – Today, a Texas appeals court reversed an injunction against Houston-based midwife Maria Rojas in a lawsuit brought by the state of Texas, ruling that the State did not produce any evidence against her. Texas attorney general Ken Paxton accused Rojas of providing abortions in violation of the state’s total abortion ban and practicing medicine without a license. Maria Rojas is the first person in Texas to be charged with violating the state’s total abortion ban for which she could face up to life in prison. Last year, a lower court issued an injunction against Rojas, which effectively shut down the three clinics where she provided maternal health care as a midwife. While the case is expected to continue, the damage caused by the injunction is irreversible. The unfortunate reality is that it will be nearly impossible to reopen the clinics. Still, today’s ruling reversing the injunction is a significant step towards justice for Rojas, whose life has been upended because of the state’s baseless allegations.

In its decision, the Texas Court of Appeals ruled that the state did not provide evidence of wrongdoing by Rojas to warrant the ruling against her and the clinics. The three-judge panel reversed the temporary injunction and sent the case back down to the trial court to proceed.

“The state of Texas has no case. Maria Rojas has been an upstanding midwife who delivered babies and provided lawful care for underserved pregnant patients,” said Jenna Hudson, Senior Counsel at the Center for Reproductive Rights. “Pregnant Texans are dying at alarming rates. 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. It will now be nearly impossible to re-open these clinics. Maria Rojas deserves justice, and we will keep fighting.”

Rojas has decades of experience as a health care provider. As a licensed midwife, Rojas provided essential health care across three clinics in the Houston, Texas area—one of which had a birthing center where she delivered babies. These clinics largely served low-income, uninsured, primarily Spanish-speaking communities that already face immense barriers to access the health care they need.

Despite her vital service to the community and dedication to her patients, Rojas has faced unjust treatment at the hands of the state. She was held in jail for 10 days until an exorbitant $1.4 million bond was posted and is still being forced to wear an ankle monitor. Rojas lost her livelihood, and her midwifery license has been suspended. The decision to shut down the clinics has forced Rojas to give up the leases to the clinics. That means hundreds of families in Houston have been left without their health care provider and access to their health records and test results, forcing them to find care elsewhere if they can. And the reality is that when medical facilities close, it can take years to get the necessary space, equipment, and staff to be able to re-open, if they are able to.

Rojas is separately facing criminal charges for which she could face up to life in prison if found guilty. The attorney general’s office has additionally arrested ten other people affiliated with the clinics, accusing them of being a “cabal of abortion-loving radicals” and charging most of them for practicing medicine without a license.

These threats of legal action and criminalization are meant to scare health care providers, leading to patients being denied necessary abortion care and even dying without it like Tierra Walker. Walker died of preeclampsia after being repeatedly denied an abortion during her high-risk pregnancy in Texas. Texas was already facing a deadly maternal health care crisis, and it has only worsened under its abortion bans.

Representing Maria Rojas in the civil lawsuit is the Center for Reproductive Rights, Arnold & Porter, and Hearron PLLC. In the criminal lawsuit, Maria Rojas is represented by Nicole Hochglaube.

If you are a U.S.-based abortion provider or supporter in need of legal assistance, you can contact the Abortion Defense Network (ADN). The ADN connects anyone being targeted over abortion, as well as those working to provide or help patients access abortion care with attorneys for legal advice, representation, and funds. Visit Abortion Defense Network for more information.

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