In a significant legal development, a Texas appeals court has overturned an injunction that had previously led to the closure of a midwife’s clinics in the Houston area. The court found that the injunction was unjustly based on insufficient evidence, specifically an anonymous email, as stated by the Texas Attorney General’s office.
Last year, the injunction was obtained by Attorney General Ken Paxton against Maria Margarita Rosas, who faced allegations of conducting unlawful abortions and hiring unlicensed practitioners. Despite the dismissal of the injunction, Rosas still faces criminal charges.
The Texas 15th Court of Appeals, which was established three years ago to address significant business and state civil matters, determined that the lower court had erred. The trial court’s decision relied solely on affidavits that lacked direct evidence of any violations at Rosas’ clinics. Justice Scott Field explained that the evidence “does not reasonably support” the allegations that abortions were performed, indicating an abuse of discretion by the lower court in granting the temporary injunction.
Legal and Political Context
Texas maintains a strict abortion ban, permitting the procedure only under very limited exceptions. The appeals court’s decision, delivered by a panel of three Republican judges appointed by Governor Greg Abbott, did not engage with the validity of the accusations against Rosas. Rather, it focused on the procedural aspects that led to the clinics’ closure.
Following the ruling, a spokesperson for Paxton’s office announced plans to appeal to the Texas Supreme Court, aiming to “ensure clarity in temporary injunction procedure in this and other cases.”
In response, the Center for Reproductive Rights praised the appeals court’s decision as a “significant step” toward justice for Rosas, asserting that she has been unfairly targeted by the state. Jenna Hudson, the group’s senior counsel, stated, “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.”
Rosas managed several clinics: Clinica Waller Latinoamericana in Waller, Clinica Latinoamericana Telge in Cypress, and Latinoamericana Medical Clinic in Spring, according to the attorney general’s office.
Disclosure: The Center for Reproductive Rights has financially supported The Texas Tribune, a nonprofit news organization that maintains independence in its journalism. A complete list of supporters is available.
This article was initially published by The Texas Tribune and shared through a partnership with The Associated Press.
