Ken Paxton loses ruling in Texas abortion case against Houston-area midwife - Houston Chronicle

What the report says

The Houston Chronicle reported that the all-Republican Texas 15th Court of Appeals on Thursday threw out a temporary injunction against Maria Rojas, a Houston-area midwife accused by Attorney General Ken Paxton’s office of providing illegal abortions. The court said the state had not presented direct evidence that abortions occurred at Rojas’ clinics and found that the lower court abused its discretion when it ordered the clinics shut down.

According to the Chronicle, Justice Scott Field wrote that once probable-cause affidavits tied to an anonymous email were set aside, the remaining record did not reasonably support the state’s allegations. The ruling concerns only the injunction, not the underlying criminal case. Rojas, described as the first person in Texas to stand trial on accusations of violating the state’s abortion ban, still faces proceedings, as do eight other people associated with her clinics. She also faces accusations of practicing medicine without a license.

Rojas owned and operated clinics in Harris and Waller counties. Paxton’s office has alleged that she provided abortion medication; her lawyers say the claim rests on an anonymous tip and observations by a Medicaid fraud investigator. The Chronicle noted that abortion medication can also have lawful uses, including miscarriage treatment. Paxton’s office did not immediately comment on the ruling, but a spokesperson said he planned to seek review by the Texas Supreme Court.

The case has drawn wider attention because Texas’ abortion ban took effect in 2022 and Paxton has highlighted the prosecution while running for the U.S. Senate. The Center for Reproductive Rights, which represents Rojas, called the ruling an important step, while also saying the clinics likely cannot reopen soon because they have been closed for more than a year.