South Dakota Joins Coalition To Restrict Abortion Access

State Attorney General Marty Jackley signs on to lawsuit challenging FDA rule expansion

Published on Feb. 22, 2026

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South Dakota Attorney General Marty Jackley is joining a coalition of states in a lawsuit that challenges a recent Food and Drug Administration decision to expand access to abortion care through mail and telehealth. The coalition, led by Louisiana, argues the FDA rule contradicts state laws like those in South Dakota that restrict abortion access.

Why it matters

This lawsuit represents the latest effort by conservative states to limit abortion rights in the wake of the Supreme Court's 2022 decision overturning Roe v. Wade. South Dakota has some of the strictest abortion laws in the country, and the state's involvement in this coalition signals its intent to further restrict access to the procedure.

The details

The lawsuit, submitted by the state of Louisiana, challenges an FDA decision last year to permanently allow abortion pills to be prescribed via telehealth and delivered by mail. South Dakota is one of 23 states that have signed on to support the legal challenge, with Nebraska Attorney General Doug Peterson leading the coalition's legal brief.

  • The lawsuit was filed in February 2026.

The players

Marty Jackley

The Attorney General of South Dakota who is joining the coalition lawsuit.

Louisiana

The state that filed the original lawsuit challenging the FDA's decision to expand access to abortion pills.

Doug Peterson

The Nebraska Attorney General who is leading the legal brief supporting the coalition's lawsuit.

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What they’re saying

“We must not let the federal government override state laws that protect the lives of the unborn.”

— Marty Jackley, South Dakota Attorney General (Dakota News Network)

What’s next

The lawsuit is expected to be heard in federal court in the coming months, with a decision potentially impacting abortion access across multiple states.

The takeaway

This coalition lawsuit represents the latest salvo in the ongoing battle over abortion rights in the post-Roe landscape, with conservative states like South Dakota doubling down on efforts to restrict access to the procedure.