An injunction that stopped a Texas midwife charged with performing illegal abortions from operating her Houston-area clinics was reversed Thursday, but her attorney says the "damage is done."
The 15th Court of Appeals determined the state did not provide sufficient evidence for the injunction issued in Waller County, Texas, in March 2025 against Maria Rojas.
"We conclude that the trial court improperly admitted probable-cause affidavits from a related but separate criminal case and that the remaining evidence is insufficient to reasonably support the existence of a probable right of recovery," a memorandum opinion from the court stated.
Texas Attorney General Ken Paxton's office accused Rojas of performing illegal abortions and practicing medicine without a license last year. Performing an abortion is a second-degree felony in Texas, where there is a strict ban on the procedure in place with narrow exceptions. Rojas' case has garnered national attention as she is the first person to be sued under the Texas Human Life Protection Act. The law bans abortions after six weeks.
"The ruling this morning confirmed that the state presented no evidence that Ms. Rojas has done anything wrong," said Jenna Hudson, one of the attorneys with the Center for Reproductive Rights representing Rojas in the civil case. Rojas has pleaded not guilty.
However, "the damage is done," Hudson told CBS News. "The clinics have closed. As a practical matter, she likely cannot reopen them. She is prevented under the terms of her bond from going near the locations of the clinics."
Rojas owned and operated multiple Houston-area clinics, including Clinica Waller Latinoamericana in Waller, Clinica Latinoamericana Telge in Cypress and Latinoamericana Medical Clinic in Spring. The temporary restraining order issued in Waller County effectively closed those clinics and even with the injunction being struck by a higher court, Hudson says Rojas will not be able to recover professionally.
"She just doesn't have a career anymore. She trained to be a midwife, for decades as a midwife, and as a result of the criminal charges against her and the civil case that we're talking about here today, she can't practice as a midwife anymore," Hudson said. "She has lost access to her clinics; she's not permitted to provide this care that she so desperately wants to provide and has drawn a lot of satisfaction out of providing."
The 15th Court of Appeals decision sends the case back to the trial court, where state attorneys could attempt to get another temporary restraining order.
Paxton is planning to appeal the recent decision, which would send the case to the Texas Supreme Court, his office told CBS News in a statement Thursday.
"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 office said in its statement. "To further ensure clarity in temporary injunction procedure in this and other cases, Attorney General Paxton intends to petition for review in the Texas Supreme Court."
Rojas is currently on house arrest and also facing criminal charges related to allegedly performing abortions. She has pleaded not guilty in the criminal case.
Nicole Hochglaube, who represents Rojas in the criminal case, said her client is "hanging in there" despite being unable to work, and that the process has been very difficult for her. A trial date has not been set in the criminal case.
In:
Texas court hears appeal from midwife accused of violating abortion ban
Texas court hears appeal from midwife accused of violating abortion ban
(00:36)
English (US) ·