You may recall that Mayday Health, a group that advocates for chemical abortion, posted signs as far back as December 2025, pointing pregnant women to their organization for information on how to obtain abortion pills for do-it-at-home abortions. Video ads such as “Pregnant? Don’t Want to Be?” were posted at numerous South Dakota gas stations.
In response, Attorney General Marty Jackley filed a circuit court motion on December 23 requesting that Mayday of New York and a second company, Momentera of Minnesota, be ordered to stop the deceptive advertising of the sale of abortion pills and services in South Dakota.
Attorney General Jackley defended our state laws in the U.S. District Court for the Southern District of New York, asserting that Mayday Health engaged in deceptive advertising, where a federal judge ruled that the case should be heard in South Dakota state court. Since then, a settlement was reached with both sides, and Mayday Health has removed its misleading advertisements and promotion of abortion pills.
On Friday, May 29, Mayday Health and former state legislator Nancy Turbak Berry of Watertown filed suit against Gov. Larry Rhoden and Attorney General Jackley in federal court. The lawsuit alleges that it is unconstitutional to prohibit advertising protected by the First Amendment’s free speech guarantees. The litigants also targeted House Bill 1274, passed this year by the Legislature, which makes it illegal to dispense any items for abortions and makes it illegal to advertise any of those items.
South Dakota abortion law prohibits abortion except “to prevent the death of a pregnant female.”
Attorney General Jackley stated that “Immediate and irreparable injury, loss, or damage will result to South Dakota consumers who are misled by the deceptive advertisements,” and “This isn’t just deceptive advertising; it’s putting the health of women and young girls in danger.”
It appears that the pro-abortion lobby just won’t give up! But neither will we!!
PRAYER:
Father, Giver of life, we thank You that we are created in Your image and we can have a relationship with You. We thank you for AG Jackley’s faithful leadership in defending the law and protecting life in South Dakota. We pray that the court will find our laws protecting life will be upheld and the dangers of the abortion pill will be exposed. In Jesus’ name. Amen.
