South Dakota Appeals Block on Abortion Pill Ad Ban

Larry Rhoden, the Governor of South Dakota, and Attorney General Marty Jackley filed an appeal with the U.S. Eighth Circuit Court of Appeals on Monday to defend a state law that criminalizes the advertising, dispensing, and distribution of abortion pills. Signed by Rhoden in March and effective July 1, the law makes violations punishable by felony prosecutions and fines.

The appeal seeks to overturn a mid-July ruling by U.S. District Judge Camela Theeler, who blocked the enforcement of the law. The block occurred during an ongoing lawsuit filed by former state legislator Nancy Turbak Berry and the nonprofit Mayday Health.

Plaintiffs in the case argue the ban violates First Amendment free speech rights, specifically citing prohibitions on apparel that informs the public that abortion pills are available across all 50 states. State officials contend that Judge Theeler's ruling erroneously broadens the definition of advertising and effectively legalizes the solicitation of illegal drugs.