South Dakota Governor Addresses Abortion Pill Ad Campaign Lawsuit

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South Dakota's legal battle over an abortion pill ad campaign appears far from over. Governor Larry Rhoden addressed the lawsuit against Mayday Health, a group that advertises abortion pills that can be mailed to patients. State leaders say the ads violate South Dakota law, while Mayday Health argues the advertising is protected speech. Attorney General Marty Jackley is representing the state in the suit against Mayday Health.

Why it matters

This case highlights the ongoing legal and political debate around abortion access and the regulation of abortion-related information and services, particularly in states with strict anti-abortion laws like South Dakota.

The details

At his weekly press conference, Governor Rhoden stated that while he is not a lawyer, his personal view is that abortions are illegal in South Dakota, and it is hard for him to believe that the state cannot stop a product like the abortion pill from coming into the state. Attorney General Jackley is representing South Dakota in the lawsuit against Mayday Health, arguing that the state courts, not a federal judge, should decide whether Mayday's ads are deceptive and illegal under state law.

• Late last month, Attorney General Jackley argued in New York that South Dakota courts, not a federal judge, should decide the case.
• As of the press conference, a judge has not issued a ruling on that portion of the case.

What they’re saying

What’s next

A judge has not yet issued a ruling on whether the state courts or a federal judge should decide if Mayday Health's ads are deceptive and illegal under South Dakota law.