Abortion Drugs & Practices

An appeals court denied South Dakota's defense of its ban on advertising abortion pills. This decision directly impacts South Dakota's legal stance on abortion pill advertising.

South Dakota Governor Larry Rhoden and Attorney General Marty Jackley have appealed a federal judge's order blocking enforcement of the state's new law criminalizing abortion-pill advertising. The law, which includes felony penalties, aims to prohibit dispensing, distribution, and advertising of abortion pills in South Dakota, and the appeal challenges the ruling that the law violates free speech protections.

A federal judge issued an injunction blocking enforcement of South Dakota's July 1, 2026, ban on abortion pill advertising, ruling it likely violates the First Amendment by censoring truthful information and discriminating based on viewpoint. The decision highlights constitutional limits on South Dakota's ability to restrict health information about abortion pills despite the state's disapproval.

The authors compare South Dakota's official 2025 abortion reporting with estimates of medication sent into the state. They distinguish reported procedures from mailed regimens and caution that these measures do not describe the same population or outcome.

South Dakota Governor Larry Rhoden and Attorney General Marty Jackley announced the state will continue defending its law restricting abortion pill advertising after a federal judge issued a preliminary injunction against it. The law, House Bill 1274, prohibits advertising abortion pills in South Dakota, including from out-of-state providers, and the injunction temporarily blocks enforcement while the lawsuit proceeds.

A federal judge has temporarily blocked enforcement of South Dakota's new law criminalizing the advertising of abortion pills while a lawsuit challenging the law continues. The lawsuit, filed by former state legislator Nancy Turbak Berry and Mayday Health, argues the law violates free speech by restricting abortion-pill advertising and related information in South Dakota.

A federal court is set to decide whether South Dakota's new law banning advertising and distribution of abortion pills violates the First Amendment by restricting free speech about abortion pill availability. The case involves South Dakota Attorney General Marty Jackley defending the law against a lawsuit filed by former legislator Nancy Turbak Berry and Mayday Health, who argue that even wearing a sweatshirt with abortion pill information could be criminalized under the law.

A federal court in Rapid City heard arguments over a new South Dakota law that bans the advertising, dispensing, and distribution of abortion pills, with Mayday Health challenging the law as a violation of free speech rights. South Dakota Attorney General Marty Jackley defended the law, equating Mayday's abortion-pill information with facilitating illegal drug transactions, while Mayday and plaintiff Nancy Turbak Berry argued the law restricts protected speech about abortion pills in the state.

Mayday Health sued South Dakota's governor and attorney general to block enforcement of House Bill 1274, which criminalizes advertising abortion pills and restricts the nonprofit's speech. The lawsuit challenges the law's impact on First Amendment rights and follows previous legal disputes between Mayday Health and South Dakota officials over abortion pill information and advertising.

A new South Dakota law banning the advertising and distribution of abortion pills faces a federal lawsuit from Mayday Health and former state lawmaker Nancy Turbak Berry, who argue the advertising ban violates First Amendment free speech rights. The law, signed by Gov. Larry Rhoden and effective July 1, criminalizes advertising abortion-related items with penalties including prison and fines, prompting legal challenges tied to South Dakota's abortion restrictions.

South Dakota Attorney General Marty Jackley joined 21 other states in challenging the federal rule allowing telehealth prescriptions of the abortion pill mifepristone, citing safety concerns and state jurisdiction issues. Despite a temporary Supreme Court stay maintaining telehealth access, South Dakota has passed laws regulating abortion pill use, which Jackley expects to enforce alongside federal criminal laws if pills are mailed into the state.

South Dakota has passed legislation making it a felony to advertise abortion, including providing information on how to obtain abortion pills. Governor Larry Rhoden signed the law, which aims to criminalize not only the sale of abortion pills but also speech that could lead someone to use them, responding to a recent court case involving pro-choice ads by Mayday Health in the state.

South Dakota Governor Larry Rhoden signed three new anti-abortion laws making it a felony to dispense or advertise abortion pills, clarifying the definition of abortion, and requiring public schools to show students prenatal development videos. The laws expand the existing abortion ban, specify exceptions for certain pregnancy-related treatments, and mandate age-appropriate ultrasound videos in schools, reflecting South Dakota's continued legislative efforts to strengthen pro-life measures.

South Dakota has reached a settlement with Mayday Health, requiring the nonprofit to remove its abortion pill advertisements from gas stations across the state. The ads, part of a four-week statewide campaign launched in December 2025, directed consumers to sites offering abortion pills.

Mayday Health agreed to remove its abortion pill ads from South Dakota gas stations and end its campaign in the state following a cease-and-desist letter and litigation initiated by South Dakota Attorney General Marty Jackley. Meanwhile, South Dakota's legislature is advancing a bill that would criminalize the sale, distribution, and advertising of abortion pills, with the state Senate approving the measure 31-2 and the bill returning to the House for amendment consideration.

South Dakota's Senate State Affairs Committee voted 8-1 to advance a bill criminalizing the sale or advertisement of abortion pills, which now awaits a Senate vote before going to the governor's desk. Sponsored by Rep. John Hughes of Sioux Falls, the bill would make violations felonies punishable by prison and fines, and empower the attorney general to sue violators, amid concerns from medical professionals about restricted access to necessary medications for miscarriage care.

South Dakota Attorney General Marty Jackley filed a cease and desist order against Mayday Health for advertising abortion pill access in violation of the state's strict abortion laws, which only allow abortion to save the mother's life. Mayday Health's website enables girls as young as 15 to order abortion pills online, including in South Dakota where abortion is banned, and directs users to out-of-state clinics or abortion funds that assist with travel and expenses.

South Dakota lawmakers advanced a bill that would make it a felony to advertise, dispense, or distribute abortion pills and related items, allowing the attorney general to seek civil penalties and target out-of-state providers. The bill follows efforts by Attorney General Marty Jackley to stop abortion pill advertisements at gas stations and builds on South Dakota's 2022 abortion trigger ban after the overturn of Roe v. Wade.

South Dakota Attorney General Marty Jackley is pursuing a civil case against the nonprofit Mayday Health, which launched a statewide ad campaign at gas stations informing women about abortion pills. The court will address jurisdiction in this case on February 20, 2026, as part of the ongoing legal battle over abortion pill advertisements in South Dakota.

A federal judge declined to intervene in South Dakota Attorney General Marty Jackley's effort to stop Mayday Health's abortion-rights ad campaign that promotes abortion pill information in the state. Jackley argues the ads are deceptive and illegal under South Dakota's abortion ban, with a state court hearing scheduled for February 20 in Pierre to decide on shutting down the campaign.

South Dakota Gov. Larry Rhoden urged lawmakers to pass legislation to stop abortion pills from being delivered into the state, calling it the biggest threat to unborn lives in South Dakota. The governor also praised crisis pregnancy centers in the state and highlighted ongoing legal actions by Attorney General Marty Jackley against a New York nonprofit promoting abortion medication.

South Dakota Attorney General Marty Jackley filed a state lawsuit to stop Mayday Health's abortion-pill awareness ads at gas stations, which the New York-based nonprofit counters with a federal lawsuit claiming First Amendment protections. The dispute centers on South Dakota's abortion trigger ban and telemedicine abortion restrictions, with Jackley arguing the ads provide misleading information about illegal abortion pills in the state.

South Dakota Attorney General Marty Jackley filed a lawsuit seeking a court order to stop Mayday Health's abortion-pill ad campaign at gas stations in the state, alleging the ads are illegally deceptive and dangerous. The campaign, which includes ads at locations in Brookings and Vermillion, provides links to abortion pill information despite South Dakota's abortion ban and restrictions on medical abortion by telemedicine.

Contributor: ATTWN Staff Key Takeaways: In another episode of “Why I Don’t Work at Planned Parenthood Anymore”, a former employee at Planned Parenthood North Central States, which has locations in Iowa, Minnesota, Nebraska, and South Dakota, has revealed that one of the biggest reasons she left was that she realized that the priority for Planned Parenthood was to see as ... Read More

South Dakota Attorney General Marty Jackley issued a cease-and-desist order to Mayday Health, a national nonprofit sponsoring abortion pill ads in the state, alleging the ads are deceptive and violate South Dakota law banning abortion except to save the mother's life. Mayday Health maintains the ads are protected free speech and educational, while some South Dakota gas stations have removed the ads citing misalignment with their values.