South Dakota is poised to ban advertising for abortion pills next month, but a New York-based chemical abortion advocacy group is trying to stop them.
Mayday Health and former Democratic South Dakota lawmaker Nancy Berry filed a complaint against South Dakota’s governor and attorney general claiming that the state’s incoming law violates free speech, South Dakota Searchlight reported Friday evening.
The bill penalizing those who advertise abortion pills with up to 2 years in prison was signed into law by Republican Gov. Larry Rhoden in March, and is set to take effect in July, according to South Dakota Searchlight.
Mayday Health did not immediately respond to the Daily Caller News Foundation’s request for comment.
The New York-based nonprofit’s mission is to “share information about abortion pills, birth control, and gender-affirming care in any state. We hope to empower people to make their own informed decisions about their own bodies,” according to its website.
“If Mayday Health and the abortion lobby want to sue us for defending unborn life, bring it on,” Gov. Larry Rhoden posted to X on Friday.
If Mayday Health and the abortion lobby want to sue us for defending unborn life, bring it on. pic.twitter.com/MTqiDuItGj
— Larry Rhoden (@LarryRhodenSD) May 29, 2026
“The U.S. Supreme Court has made it clear that States have the right to protect life. As with Mayday’s previous unsuccessful lawsuit, I will defend innocent life,” South Dakota Attorney General Marty Jackley stated in a May 29 press release.
South Dakota sued Mayday Health for posting ads saying “PREGNANT? DON’T WANT BE?” at gas stations within the state, Courthouse News Service reported last December.
Over 1 in 10 patients who took mifepristone experienced a “serious adverse event” within 45 days of taking the abortion pill, according to an Ethics and Public Policy Center (EPPC) study published April 2025.
Following the release of the EPPC’s study, Heath and Human Services Secretary Robert F. Kennedy Jr. launched a review of the abortion pill’s potential health risks, the DCNF reported last September.
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