Maria Rojas is described as a midwife. She was arrested twice in March, first on charges of practicing medicine without a license and then on additional charges of performing an illegal abortion.
Her lawyers from the New York-based Center for Reproductive Rights allege that Texas Attorney General Ken Paxton's office was so desperate to prosecute an abortion case that it "conducted a shoddy investigation and leapt to wild conclusions."
They claim the woman who underwent an illegal abortion was actually treated for a miscarriage. Their appeal asserts that Rojas told the woman her pregnancy would not be successful and gave her a low dose of misoprostol, the second medication used in a chemical abortion which induces uterine contractions to expel a baby from the womb.
She is asking the First Court of Appeals to overturn a temporary injunction that has prevented her from providing medical services since March, when she was forced to close her three clinics that she says were primarily for low-income and Spanish-speaking clientele.
"The heart of the case is the serious concern about alleged illegal abortions in violation of Texas abortion laws," summarizes Amy O'Donnell of Texas Alliance for Life. "Whether someone is a doctor, a midwife, or any other provider, no one is above the law."
Texas law, she notes, is "very clear" that abortions are illegal except to save the life of the mother, and they can only be done by a licensed physician.
This is the first case O'Donnell has seen regarding a midwife, but she says it was just a matter of time until someone got caught illegally providing abortions.
"We're not experts on what certified midwives in Texas are allowed to do under Texas law when it comes to administering misoprostol, but if there is any suspicion that these drugs were provided outside the scope of legal practice to provide an illegal abortion or abortions, then that deserves serious scrutiny," the pro-lifer asserts.
Texas law currently prohibits all abortions, including in cases of rape or incest, except in instances to save the life of the mother. Physicians can face up to 99 years in prison and be fined up to $100,000 if they perform an illegal abortion.
Rojas is the first person arrested under Texas' near-total abortion ban. She has not yet been formally indicted on these criminal charges.
The state has filed a motion to transfer the appeal to the 15th Court of Appeals, a new court specifically for lawsuits by or against the state. That motion is unopposed but still pending.
