Court: Paxton’s office relied on anonymous email
The Texas 15th Court of Appeals, created three years ago by the Texas Legislature to handle major business and state civil cases, issued its ruling Thursday in a case that has drawn attention to the evidentiary standard required to enforce the state’s 2022 abortion ban.
Paxton’s office had secured the temporary injunction last year, forcing the closure of three clinics owned by Rosas in Waller County, northwest of Houston. The attorney general’s office alleged that Rosas performed illegal abortions and employed unlicensed staff.
But the appeals court found that the lower court erred in granting the injunction because the only evidence presented was affidavits from Paxton’s office that relied on an anonymous email, according to the opinion written by Justice Scott Field.
“The evidence submitted to support the injunction ‘does not reasonably support’ the claim that abortions were performed at the clinics,” Field wrote, and the lower court “abused its discretion in granting the temporary injunctive relief.”
The ruling allows Rosas to reopen her clinics. She still faces a criminal indictment on charges of providing unlawful abortions and employing unlicensed individuals, according to court records.
The 15th Court of Appeals was established in 2023 by the Texas Legislature, part of a broader restructuring of the state’s intermediate appellate courts. The court handles appeals in cases involving the state, business litigation, and other civil matters.