Dem
47
GOP
53
Details are still murky and it's hard to wade through the propaganda coming out of the office of Texas AG Ken Paxton (R), who is obsessed with criminalizing pregnancy and targeting poor women of color to the exclusion of any other criminal activity. Nonetheless, it is clear that Paxton has orchestrated the arrest, and ongoing prosecution, of midwife Maria Margarita Rojas.
Rojas, a U.S. citizen, is from Peru, where she was an obstetrician. She is a certified midwife in Texas and licensed by the state. She runs several clinics in the Houston area and, according to her website, "has attended over 700 births in community based and hospital settings." She was pulled over on March 6 and arrested at gunpoint on charges of practicing medicine without a license. She was initially released on a $10,000 bond. But on Monday, she was arrested again along with a colleague, Jose Ley, and both are now being held on a combined bond of $1.2 million. Late Monday, a charge of "attempting an abortion" was added, according to court records.
Paxton is apparently working with the Waller County DA Sean Whittmore, since the AG can't enforce criminal laws on his own but can assist local DAs at their "request."
Rojas' low-cost clinics assist poor women of color who are mostly Spanish-speaking. This makes Rojas an easy target for Paxton and his henchmen. Keep in mind that the restrictive abortion law under which Paxton is operating has been in place for 3 years. There is absolutely no chance that this is the first time that state or local officials have discovered someone who might be in violation of the law. However, this particular scenario allows Paxton to push the narrative that abortions are the work of seedy, brown-skinned women, for the benefit of other seedy, brown-skinned women.
Allegedly, an anonymous tip claimed that Rojas had provided misoprostol to a patient. Remember, misoprostol has many uses, including labor inducement and miscarriage management. The timing of the additional charges is also suspect. Apparently, the Texas state legislature had just passed a bill authorizing private lawsuits against websites with any information about abortion services. The arrest provided a useful distraction from this draconian law. In other news that is undoubtedly completely unrelated, Paxton signaled this week that he is planning to challenge Sen. John Cornyn (R-TX) in next year's primary.
It's unclear if Rojas has legal representation, but even if the charges are ultimately dismissed, this will have a chilling effect on providing services to pregnant women, especially women who are marginalized and already without access to adequate healthcare. OB/GYNs are already leaving states with abortion bans in droves. And Paxton recently sued a New York doctor for providing medication for an abortion to a Texas woman. Arresting those few caregivers who provide reproductive healthcare and birthing services to at-risk women will further drive the exodus. And Paxton has made it clear that it won't stop with this arrest. A bill to criminalize self-managed abortions was introduced earlier this year. Marc Hearron of the Center for Reproductive Rights observed: "It's just a litany of situations where it shows the state of Texas does not care about women's lives. What it cares about is stopping women from getting the care that they need, no matter what."
The bottom line is women are not safe in Texas. For all the higher cost of living in California, when weighed against a state using its resources to kill or imprison you if you're pregnant, paying more for housing sure looks like a better deal. New Mexico and Arizona are also friendly to women and closer and cheaper to live.
It is also worth remembering that, during last year's presidential campaign, Donald Trump promised that he would protect access to abortifacient drugs. It is true that he does not run the state of Texas, but it is also true that he could tell Paxton to knock it off, and Paxton would obey. Of course, Trump has no actual interest in protecting access to these drugs, and never had any intention of following through on his promise.
The upshot of all of this is that a lot of women are going to be forced to bend over backwards for reproductive healthcare, a lot more women are going to be forced to carry to term pregnancies that they don't want, and there will be many high-profile cases of women suffering or dying due to strict anti-abortion laws.
Obviously, abortion did not save the blue team last November. However, there is much evidence that the Democrats actually over-performed in what was a "throw out the bums" kind of year worldwide (see below for more). Also, outside of that particular Election Day, there have been more than a dozen post-Dobbs elections where abortion did drive turnout. Between Paxton's action and Trump's inaction, the Democrats are going to be able to hammer this issue again, along the lines of, "Only one political party will protect women." And on November 3, 2026, the odds are pretty good this will pay dividends. (L & Z)