Judge blocks South Dakota abortion advertising ban against nonprofit
The judge said the state failed to show the law met strict scrutiny and that Mayday Health is likely to win the case.
- On Friday, U.S. District Judge Camela Theeler issued a preliminary injunction blocking South Dakota from enforcing its abortion-advertising ban against New York-based Mayday Health and plaintiff Nancy Turbak Berry.
- Republican Gov. Larry Rhoden signed the legislation in March, prohibiting abortion-service advertising; Attorney General Marty Jackley previously secured an agreement for Mayday Health to remove gas-station placards after filing a complaint.
- Mayday Health, formed in 2022, provides information on abortion pills but does not distribute medication; plaintiffs argue the ban violates the First Amendment by potentially criminalizing a sweatshirt claiming pills are available in all 50 states.
- Judge Theeler wrote that the state failed to prove the law met strict scrutiny standards. Gov. Rhoden expressed disappointment but remains confident the statute is "vitally important" and constitutional despite the preliminary decision.
- While the injunction leaves the law intact, Mayday Health and Turbak Berry will now seek a permanent order blocking enforcement as the state intends to continue defending the measure through ongoing litigation.
28 Articles
28 Articles
Judge temporarily blocks South Dakota’s abortion-pill advertising ban as lawsuit continues - The Mexico Ledger
Mayday Health posted signs like this one at gas stations around South Dakota in December 2025 as part of a campaign to spread awareness about the availability of abortion pills. (Courtesy of Mayday Health)A new South Dakota law that criminalizes the advertising of abortion pills cannot be enforced while a lawsuit against it continues, a federal judge ruled Friday. Nancy Turbak Berry, who formerly served as a Democratic state legislator from Wate…
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South Dakota SearchlightJudge temporarily blocks South Dakota’s abortion-pill advertising ban as lawsuit continues
Mayday Health posted signs like this one at gas stations around South Dakota in December 2025 as part of a campaign to spread awareness about the availability of abortion pills. (Courtesy of Mayday Health)A new South Dakota law that criminalizes the advertising of abortion pills cannot be enforced while a lawsuit against it continues, a federal judge ruled Friday. Nancy Turbak Berry, who formerly served as a Democratic state legislator from Wate…
Federal judge rules state law banning ads for abortion pills could violate First Amendment
Photo by Christina Victoria Craft on UnsplashA federal judge ruled Friday that the state cannot enforce a new law that criminalizes advertisements for abortion drugs or services while a lawsuit brought by Mayday Health plays out in court.Judge Camela Theeler granted Mayday Health and Watertown lawyer Nancy Turbak Berry a preliminary injunction in their lawsuit against the state. The injunction blocks the state from prosecuting Mayday and Turbak …
Judge temporarily blocks South Dakota’s abortion-pill advertising ban as lawsuit continues - Stateline Publications
Mayday Health posted signs like this one at gas stations around South Dakota in December 2025 as part of a campaign to spread awareness about the availability of abortion pills. (Courtesy of Mayday Health)A new South Dakota law that criminalizes the advertising of abortion pills cannot be enforced while a lawsuit against it continues, a federal judge ruled Friday. Nancy Turbak Berry, who formerly served as a Democratic state legislator from Wate…
Judge temporarily blocks South Dakota’s abortion-pill advertising ban as lawsuit continues - Hillsboro Sentry Enterprise
Mayday Health posted signs like this one at gas stations around South Dakota in December 2025 as part of a campaign to spread awareness about the availability of abortion pills. (Courtesy of Mayday Health)A new South Dakota law that criminalizes the advertising of abortion pills cannot be enforced while a lawsuit against it continues, a federal judge ruled Friday. Nancy Turbak Berry, who formerly served as a Democratic state legislator from Wate…
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