South Dakota Governor Confident in Abortion Ad Case Against Mayday Health

Got story updates? Submit your updates here. ›

Governor Larry Rhoden of South Dakota says he expects the state to win an abortion advertisement case against Mayday Health. The state is suing the organization for advertising abortion pills across the state, arguing the ads promote a product that is illegal in South Dakota. Mayday Health is defending the advertising as protected free speech. Attorney General Marty Jackley is representing the state in the case and recently traveled to New York for litigation, arguing the case should be heard in South Dakota courts to properly apply state law.

Why it matters

This case highlights the ongoing legal battles over abortion access and advertising in states that have restricted or banned the procedure. It also touches on the broader debate around free speech protections for controversial products and services.

The details

The state of South Dakota is suing Mayday Health, a reproductive health organization, for advertising abortion pills across the state. South Dakota officials argue the ads promote a product that is illegal in the state, while Mayday Health is defending the advertising as protected free speech. Attorney General Marty Jackley traveled to New York last month to represent the state in the litigation, arguing the case should be heard in South Dakota courts to properly apply state law.

• Governor Rhoden made his comments about expecting a win in the case on February 6, 2026.
• Attorney General Jackley traveled to New York for litigation on the case last month.

What they’re saying

What’s next

The judge in the case will decide on Tuesday whether or not to allow Walker Reed Quinn out on bail.