A Texas appeals court will hear arguments Thursday in a civil lawsuit brought by Texas Attorney General Ken Paxton against Maria Rojas, a Houston-based midwife accused of violating Texas’ total abortion ban.
The lawsuit was filed by Paxton’s office, who accuses Rojas provided abortions and practiced medicine without a license.
Last year, a lower court issued an injunction that shut down three clinics where Rojas provided maternal health care.
Attorneys with the AG’s office argue they provided evidence showing Rojas performed illegal abortions and practiced medicine without a license, which they say cause probable, imminent and irreparable injury.
They also said Rojas invoked the Fifth Amendment 150 times during a lower court hearing, which the State says allowed the judge to draw negative inferences.
Attorneys with the Center for Reproductive Rights, which represent Rojas, are asking the appellate court to reverse that decision.
“This case should send a chill down the spine of anyone who treats pregnant patients in Texas,” said Mark Heron, an attorney for the Center for Reproductive Rights who is representing Rojas.
They argue the clinics were closed despite what they describe as a lack of substantive evidence of wrongdoing.
“Mrs. Rojas delivered babies and served low-income uninsured and primarily Spanish-speaking communities around Houston who already struggle to get the health care,” said Heron. “My client’s life has been completely upended.”
If the Court of Appeals decides to overturn the order that shut down Rojas’ clinics, that does not mean Rojas can return to work.
Rojas’ midwifery license is currently suspended pending her criminal case and part of her bond conditions includes being unable to go to her clinics.
But her attorneys say the decision is not about whether she can provide medical care again.
“It is about whether the threat of contempt can continue to hang over her head. And it really is about the state’s overreach. It’s complete overreach,” said Heron.
They said the order does not clearly state what justified the injunction and the State relied on inadmissible / unauthenticated exhibits.
The case is one of several scheduled for argument beginning at 9:30 a.m. Thursday at the Harris County 1910 Courthouse. The hearing will be livestreamed on the court’s YouTube channel and embedded in this article.
The appeals court’s decision could determine whether the injunction remains in place as the case continues.
Rojas’ criminal case is active in Waller County District Court.
She is currently facing 12 counts of practicing medicine without a license and 3 counts of performing illegal abortion.
Rojas was indicted on the charges last June. Her next status hearing on the criminal case is on June 3.