Texas Is Prosecuting a Midwife for Abortion. Its Case Is Already Falling Apart.
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Texas Is Prosecuting a Midwife for Abortion. Its Case Is Already Falling Apart.
"Since the fall of abortion rights, no abortion provider has been convicted of violating a state ban. Proceedings underway in Texas might soon change that. Last March, Ken Paxton, Texas' Republican attorney general, filed civil and criminal charges against a Houston midwife, accusing her of performing illegal abortions and practicing medicine without a license. Texas law permits penalties of up to life in prison for performing abortions. The midwife, Maria Margarita Rojas, has responded that the state just can't prove their case."
"Even if an appeals court rules in her favor, Rojas likely won't be able to reopen the three clinics because of the conditions of her bond, which prevent from her being within a certain distance of the facilities, and because of the suspension of her midwifery license. It's also possible that the three judges on Texas' 15 th Court of Appeals won't say that much about the caliber of the state's evidence, instead focusing its on procedural technicalities or constitutional questions."
No abortion provider has been convicted under a state ban since the fall of abortion rights. Texas' attorney general filed civil and criminal charges against Houston midwife Maria Margarita Rojas, accusing her of performing illegal abortions and practicing medicine without a license. Texas law allows penalties up to life in prison for performing abortions. Rojas argues the state cannot prove its case and appealed an order that closed three clinics where she worked. The criminal case continues. Bond conditions and a suspended midwifery license may prevent clinic reopenings even if an appeal succeeds. Political and evidentiary obstacles complicate prosecution prospects.
Read at Slate Magazine
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