New York Court Dismisses Abortion Ad Case For Jurisdiction

Mayday Health lawsuit over South Dakota abortion pill ads ruled outside court's purview

Published on Feb. 12, 2026

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A New York district court has dismissed a lawsuit filed by Mayday Health over abortion pill ads that were ruled illegal in South Dakota. The court said it lacks jurisdiction to rule on the case, but noted it could be appealed in state court.

Why it matters

This case highlights the ongoing legal battles over abortion access and restrictions, particularly in conservative states like South Dakota that have enacted some of the strictest anti-abortion laws in the country.

The details

Mayday Health, a nonprofit organization, filed the lawsuit after being ordered by South Dakota authorities to take down ads promoting access to abortion pills. The New York court ultimately ruled that it did not have the proper jurisdiction to hear the case, which was brought by a plaintiff outside of its state.

  • The lawsuit was filed in February 2026.

The players

Mayday Health

A nonprofit organization that filed the lawsuit over abortion pill ads in South Dakota.

Marty Jackley

The Attorney General of South Dakota who argued the case for the state in the New York courtroom.

Larry Rhoden

The Governor of South Dakota who joined Jackley in announcing the court's decision as a win for the pro-life state.

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What they’re saying

“We must not let individuals continue to damage private property in San Francisco.”

— Robert Jenkins, San Francisco resident (San Francisco Chronicle)

What’s next

The case could potentially be appealed in South Dakota state court.

The takeaway

This ruling underscores the complex legal landscape surrounding abortion access, with conservative states like South Dakota continuing to enact restrictive laws that are challenged by advocacy groups in the courts.