Texas Appeals Court Overturns Order Closing Midwife Clinics

A Texas appeals court on Thursday overturned a temporary injunction that forced a Houston-area midwife to close her three clinics, ruling that state prosecutors failed to produce sufficient evidence that she violated the state’s strict abortion ban. The decision by the Texas 15th Court of Appeals represents a significant legal setback for Attorney General Ken Paxton, who has made the case a centerpiece of his U.S. Senate campaign.

The clinics were operated by Maria Margarita Rosas, a licensed midwife who served primarily low-income, uninsured, and Spanish-speaking communities across northwest Houston. Paxton’s office secured the injunction in March 2025 after filing a civil lawsuit alleging that Rojas and her clinics performed illegal abortions and practiced medicine without a license.

The Court’s Ruling

Writing for the unanimous three-judge panel, Justice Scott Field found that the lower court “abused its discretion” by relying on probable-cause affidavits from Rojas’s separate criminal case rather than direct evidence of wrongdoing. According to AP News, the court ruled that “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.”

The court explicitly noted that its ruling addresses only the civil injunction and does not determine whether the underlying accusations against Rojas are valid. “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 stated, as reported by ABC News.

Reactions to the Decision

Jenna Hudson, senior counsel at the Center for Reproductive Rights, which is representing Rojas in her civil case, welcomed the ruling. “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,” Hudson said in a statement reported by the Texas Tribune.

Hudson added that Rojas “has been subject to such vile treatment by the state of Texas” and called the appellate decision “a really important and critical step in righting this vile treatment.” She noted that Rojas has lost her livelihood, spent 10 days in jail, was required to post a $1.4 million bond, and continues to wear an ankle monitor.

A spokesperson for Paxton’s office announced plans to appeal the decision to the Texas Supreme Court to “ensure clarity in temporary injunction procedure in this and other cases.” In a statement, the office said 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.”

Background of the Case

Rojas was arrested in March 2025 — the first person in Texas charged under the state’s total abortion ban, which took effect after the U.S. Supreme Court overturned Roe v. Wade in June 2022. Abortion is completely banned in Texas except in limited cases involving life-threatening conditions or risk of substantial impairment of a major bodily function.

Rojas faces 15 felony charges, including providing unlawful abortions (a second-degree felony) and practicing medicine without a license. She was indicted in September 2025. Eight to ten other individuals have also been arrested in connection with the case, accused of being part of an alleged illegal abortion network.

The Texas 15th Court of Appeals, which issued the ruling, was created by the Texas Legislature in 2023 and began operations in September 2024. It has statewide civil intermediate appellate jurisdiction and exclusive jurisdiction over appeals involving state government entities. The panel consisted of three Republican judges appointed by Gov. Greg Abbott.

Impact on the Community

Rojas owned and operated Clinica Waller Latinoamericana in Waller, Clinica Latinoamericana Telge in Cypress, and Latinoamericana Medical Clinic in Spring. These clinics provided maternal healthcare and general medical services to underserved populations.

The clinics have been closed for over a year. Even with the injunction lifted, Rojas’s legal team acknowledged that reopening will be difficult. According to the Center for Reproductive Rights, the closure has left hundreds of families without access to their health records or test results, forcing them to seek care elsewhere.

“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,” Hudson told ABC News. “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.”

Broader Implications

The case has drawn national attention as a test of how aggressively states can enforce abortion bans and what level of evidence is required to shut down healthcare providers. Paxton has made the prosecution of Rojas a talking point in his campaign for the U.S. Senate, framing it as part of his commitment to enforcing Texas’s abortion laws.

Legal experts say the ruling sets an important precedent regarding evidentiary standards in abortion-related civil cases in Texas. The procedural focus of the decision — requiring direct evidence rather than probable-cause affidavits from criminal proceedings — could affect how future cases are litigated.

What’s Next

Paxton’s office intends to petition the Texas Supreme Court for review, keeping the legal battle alive. Meanwhile, Rojas’s criminal case continues, with her facing the possibility of significant prison time if convicted. Her midwifery license remains suspended, and she remains free on bond with an ankle monitor.

For the communities that depended on Rojas’s clinics, the practical impact of Thursday’s ruling may be limited. The clinics have been shuttered for more than a year, and rebuilding the practice will be a formidable challenge. But for Rojas and her legal team, the decision represents a crucial vindication — a judicial acknowledgment that the state’s case, at least in the civil context, lacked the evidentiary foundation to justify shutting down a healthcare provider serving some of Texas’s most vulnerable residents.