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Texas Midwife Accused of Violating Abortion Ban Fights Charges
Appeals court to hear case of Maria Margarita Rojas, who allegedly provided abortions at her clinics
Published on Feb. 26, 2026
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A Texas appeals court will hear arguments on Thursday in a civil lawsuit brought against Maria Margarita Rojas, a midwife accused by the state of illegally providing abortions at a network of clinics in the Houston area. Rojas has also been criminally charged with a first-degree felony for allegedly violating the state's abortion ban, which carries a potential sentence of up to life in prison.
Why it matters
This case marks the first time a provider has been criminally charged in Texas for violating the state's strict abortion ban, which went into effect in 2021. The outcome could set a precedent for how the state enforces the law and prosecutes those accused of providing abortions.
The details
According to the Texas Attorney General's office, Rojas allegedly provided abortions in violation of the state's abortion ban and was practicing medicine without a license at her clinics. A lower court previously issued an injunction against Rojas and her clinics, forcing them to shut down. Rojas' attorneys argue the state's investigation was "shoddy" and that she was only using the abortion drug misoprostol to provide miscarriage care, not abortions. They also say the state failed to find evidence of the drug mifepristone, which is typically used with misoprostol to induce an abortion.
- The appeals court hearing is scheduled for Thursday, February 19, 2026.
- An anonymous complaint was filed with the Texas Health and Human Services Commission in January 2025, alleging two abortions were performed at one of Rojas' clinics.
The players
Maria Margarita Rojas
A midwife accused by the Texas Attorney General's office of illegally providing abortions at a network of clinics in the Houston area.
Ken Paxton
The Texas Attorney General who is leading the prosecution against Rojas.
Center for Reproductive Rights
The organization representing Rojas in the civil case and asking the appellate court to reverse the lower court's decision to shut down her clinics.
Marc Herron
The interim associate director of litigation with the Center for Reproductive Rights, who is representing Rojas in the civil case.
What they’re saying
“'[Paxton] is accusing our client of basically operating abortion clinics, which the problem is that the allegations just aren't true and we think that the state completely failed to prove or show that any abortions were happening or that any unlawful practice was happening at the clinics.'”
— Marc Herron, Interim Associate Director of Litigation, Center for Reproductive Rights (ABC News)
“'I think this is a politically motivated case and the effect has been to completely upend my client's life. She was arrested twice. She was held in jail for 10 days and had to post this exorbitant $1.4 million bond. She's now out, but she's got to wear an ankle monitor. There are extreme restrictions on her travel. Her midwifery license has been temporarily suspended pending the outcome of the criminal proceedings, which could take years.'”
— Marc Herron, Interim Associate Director of Litigation, Center for Reproductive Rights (ABC News)
What’s next
The appeals court will hear arguments in the civil case on Thursday, February 19, 2026. The outcome of this hearing could determine the fate of Rojas' clinics.
The takeaway
This case highlights the legal and personal toll that Texas' strict abortion ban is taking on healthcare providers, as the state aggressively pursues criminal charges against those accused of violating the law, even when the evidence appears questionable. The case could set a precedent for how the state enforces the abortion ban going forward.
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