Judge blocks South Dakota abortion advertising ban against nonprofit
Source: AP
Updated 7:24 PM EDT, July 17, 2026
SIOUX FALLS, S.D. (AP) — South Dakota cannot enforce its abortion advertising ban against a reproductive health nonprofit, a federal judge ruled Friday. U.S. District Judge Camela C. Theeler issued a preliminary injunction blocking South Dakota from enforcing the recently adopted state law against New York-based Mayday Health and plaintiff Nancy Turbak Berry. The judge said the nonprofit was likely to win the case.
Signed in March, the law prohibits the distribution and advertisement for unlawful abortion services, like abortion pills, in South Dakota. Friday’s ruling does not strike down the law.
The plaintiffs filed the lawsuit in May against Republican Gov. Larry Rhoden and Attorney General Marty Jackley, arguing the abortion advertising ban violates freedom of speech. In the Friday ruling, the judge wrote that the state did not attempt to prove the law met strict scrutiny — that the law both served a compelling government interest and was narrowly tailored.
“Information should not be banned,” said Jim Leach, the attorney representing Mayday Health. “And the state wants to ban information about abortion. This ruling says the state cannot ban information about abortion, no matter what you think about abortion or anything else.”
Read more: https://apnews.com/article/south-dakota-abortion-pills-advertising-ban-a6f612040e8536de26927764d7d563c2
Link to ORDER (PDF) - https://www.courthousenews.com/wp-content/uploads/2026/07/mayday-v-rhoden-order-usdc-south-dakota.pdf
Biden judge.