Judge Blocks South Dakota Abortion Pill Advertising Ban

U.S. District Judge Camela C. Theeler issued a preliminary injunction on Friday, July 17, 2026, blocking South Dakota from enforcing a state law that criminalizes the advertising of unlawful abortion services. The ruling prevents the state from enforcing the ban against the New York-based nonprofit Mayday Health and plaintiff Nancy Turbak Berry while their lawsuit proceeds.

The law, signed in March, prohibits the promotion of services such as abortion pills, which are illegal in South Dakota except to save the life of the pregnant person. Mayday Health and Turbak Berry challenged the law in May, arguing it violates First Amendment free speech rights, including the ability to wear apparel and post informational signs. Mayday Health had previously placed placards at gas stations in December 2025.

Judge Theeler ruled that the plaintiffs are likely to win the case because the state failed to prove the law met strict scrutiny by serving a compelling government interest and being narrowly tailored. She further noted that the state did not demonstrate that the nonprofit's advertising was integral to criminal conduct. While the injunction protects the specific plaintiffs, it does not strike down the law entirely.

Governor Larry Rhoden and Attorney General Marty Jackley expressed disappointment and stated the state will continue to defend the legislation. Attorney Jim Leach, representing the plaintiffs, argued the ruling prevents the state from banning information about abortion.