A Texas appeals court ruled Thursday that the attorney generalโs office didnโt provide any substantive evidence that a Waller midwife violated the stateโs abortion ban.
The decision reverses an injunction last year that forced Maria Rojas to close three reproductive healthcare clinics in Waller, Cypress and Spring, one of which housed a birthing center where Rojas delivered babies.
Attorneys with the Washington, D.C.-based Center for Reproductive Rights say the ruling affirmed what they have been saying for months: that Rojas was simply providing healthcare to a largely uninsured Spanish-speaking population and was targeted by the Texas Attorney Generalโs Office in an effort to scare other providers from offering reproductive care.
Jenna Hudson, senior counsel at the Center for Reproductive Rights, said Friday that the injunction reversal doesnโt mean the civil case against Rojas is dismissed. Rojas is also still facing criminal charges accusing her of practicing medicine without a license and violating the abortion ban, for which she faces up to life in prison. Both the civil and criminal cases were filed by Texas AG Ken Paxton. Rojas is the first person in Texas to be charged with violating the stateโs abortion ban.
โWhile the case is expected to continue, the damage caused by the injunction is irreversible,โ Hudson said. โThe unfortunate reality is that it will be nearly impossible to reopen the clinics. Still, the ruling reversing the injunction is a significant step toward justice for Ms. Rojas, whose life has been upended because of the state’s baseless allegations.โ
Rojas was arrested in March 2025 and held in jail for 10 days until she was able to post bond. Since then, sheโs been on an ankle monitor and her midwifery license was revoked, pending the outcome of the criminal case.
Rojas has cared for Texas mothers and families for decades since she legally immigrated from Peru, Hudson said.
โShe didnโt deserve this cruel and vile treatment,โ Hudson said. โThis underscores for us that the state still hasnโt presented any evidence that Ms. Rojas did anything wrong and itโs been consistent with what weโve been saying all along. The state has been so desperate to find someone who they think is violating the abortion ban that they conducted a shoddy investigation against a trusted community midwife.โ
The attorney added that the cases against Rojas have created a chilling effect in the Texas reproductive healthcare community, where maternity care deserts exist and itโs already difficult to even get treatment following a miscarriage due to the stateโs aggressive laws banning abortion.
โThis is an example of Texasโ consistent larger attack on healthcare providers with the goal of scaring them and scaring patients,โ Hudson said. โPeople are dying as a result. Doctors are afraid to deliver care that people need because of exactly what the state is doing here.โ
Thursday’s decision by the Texas Fifteenth Court of Appeals, a three-judge panel, โreversed and remanded” the injunction related to the closure of clinics, meaning the matter was handed back to a trial court. The state could try again for an injunction by producing evidence or they could ask the Texas Supreme Court to review the appellate courtโs ruling. If they do the latter, they have 45 days to file.ย
โItโs hard to say what will happen next, but we donโt anticipate that this is the end of the case,โ Hudson said. โItโs not automatically the end of the case, and the state has not indicated to us that theyโre going to drop the case.โ
Thereโs no hearing set for the criminal matter, for which Rojas is represented by criminal defense attorney Nicole Hochglaube, a former Harris County prosecutor.ย
Hudson said she met Rojas while the midwife was incarcerated and was struck by how much she cared about her former patients. Rojas has not worked since she was released from jail last year.
โThe restrictions on her bond are very severe,โ Hudson said. โShe trained as a midwife and dedicated her career to caring for women and their families. Sheโs hanging in there, but sheโs been unable to work, and thatโs been very difficult, particularly for a woman who has dedicated so much of her life to caring for others. What Texas has done to her is disgusting.โ
