South Dakota AG to Argue for State Jurisdiction Over Mayday Health in New York Court

Attorney General Marty Jackley says South Dakota courts should decide if Mayday Health's abortion pill ads are deceptive.

Jan. 27, 2026 at 2:23pm

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South Dakota Attorney General Marty Jackley will personally appear in U.S. District Court for the Southern District of New York on Thursday to argue that a South Dakota state court, not a New York federal court, should rule on whether Mayday Health's advertisements in South Dakota about the availability of abortion pills are untruthful and deceptive. Jackley says the state has the right to determine and enforce its own laws.

Why it matters

This case highlights the ongoing legal battle between states and organizations over abortion access and advertising, with South Dakota seeking to enforce its ban on abortion pills while Mayday Health argues it has a right to advertise its services. The outcome could set a precedent for how state and federal courts handle such disputes.

The details

In December, Jackley issued a cease and desist letter to Mayday Health, ordering it to stop advertising the availability of abortion pills in South Dakota, where they are illegal. Mayday Health responded by filing an emergency temporary restraining order in a New York federal court. Jackley has now filed a brief in federal court arguing that the Younger abstention doctrine requires the federal court to defer to the ongoing state court proceedings in South Dakota.

  • On December 1, 2025, Jackley issued a cease and desist letter to Mayday Health.
  • On January 15, 2026, Mayday Health filed an emergency temporary restraining order in a New York federal court.
  • On January 27, 2026 at 5 p.m. CST, the federal court in New York has scheduled a full hearing on the matter.

The players

Marty Jackley

The Attorney General of South Dakota who is arguing that the state's courts should have jurisdiction over Mayday Health's advertising.

Mayday Health

An organization that provides information and access to abortion pills, and is being accused by South Dakota of deceptive advertising regarding the availability of those pills in the state.

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What they’re saying

“It has long been the rule of law that federal courts must refrain from interfering with ongoing state court proceedings and to respect state sovereignty when there exists important state interests.”

— Marty Jackley, Attorney General of South Dakota

What’s next

The federal judge in New York has scheduled a full hearing on the matter for Thursday, January 27, 2026 at 5 p.m. CST.

The takeaway

This case highlights the ongoing legal battles between states and organizations over abortion access and advertising, with South Dakota seeking to enforce its ban on abortion pills while Mayday Health argues it has a right to advertise its services. The outcome could set an important precedent for how state and federal courts handle such disputes in the future.