HOUSTON — A lawyer for a Houston-area midwife asked the Fifteenth Court of Appeals on Thursday to overturn a temporary restraining order that closed her clinics, which are at the center of allegations of illegal abortions.
Attorney Marc Hearron argued that the lower court’s injunction, issued by Waller County District Judge Gary Chaney last year, lacked sufficient evidence to justify keeping the clinics shuttered. The clinics are located in Cypress, Spring, and Waller.
The midwife, identified as Rojas, faces 15 felony charges alleging she performed abortions illegally and operated without licenses, making her the first person arrested under Texas’ near-total abortion ban. The criminal case remains ongoing and is separate from the civil proceedings.
During Thursday’s hearing, justices questioned the details of Chaney’s order and whether the state provided a constitutional basis for the lawsuit. Justice Scott Field asked why the injunction did not explain the probable right to relief, while Jeffrey Stephens, representing the state, said the findings were clear that the clinics performed abortions and operated without proper licensing.
Even if the appeals court reverses the injunction, Rojas would likely remain unable to reopen the clinics due to bond restrictions and the suspension of her midwifery license.
Eight people connected to the Houston-area clinics were indicted last October on criminal charges related to performing abortions and operating without licenses.
