A federal judge has blocked South Dakota from enforcing a recently adopted state law that bans the advertisement of abortion services against a reproductive health nonprofit.
U.S. District Judge Camela C. Theeler issued a preliminary injunction on Friday against Republican Gov. Larry Rhoden and Attorney General Marty Jackley, ruling that New York-based Mayday Health is likely to prevail in its lawsuit. The ruling does not strike down the law itself but prevents its enforcement against the nonprofit and plaintiff Nancy Turbak Berry.
The lawsuit, filed in May, argued that the abortion advertising ban violates freedom of speech. In her ruling, Theeler stated that the state failed to demonstrate that the law met strict scrutiny, a legal standard requiring that a law serve a compelling government interest and be narrowly tailored.
"Information should not be banned,” said Jim Leach, an attorney for 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."
South Dakota's law, signed in March, prohibits the distribution and advertisement of unlawful abortion services, including abortion pills, within the state. Abortion remains illegal in South Dakota since the reversal of Roe v. Wade, with exceptions only for cases where the pregnant person's life is at risk. Administering, prescribing, or procuring an abortion in the state is a felony.
Mayday Health, established in 2022, advertises information about the legality and availability of abortion pills but does not sell or distribute any medication. The nonprofit advertised abortion pills in South Dakota in December 2025, using placards at gas stations that read, “Pregnant? Don't want to be? Learn More at Mayday.Health.”
Following these advertisements, Jackley filed a complaint against Mayday Health. The nonprofit and the state reached an agreement in March for Mayday Health to remove the placards.
Governor Rhoden expressed disappointment with the ruling but noted it is a preliminary decision. "I remain confident that our law is not only constitutional — it’s vitally important,” he stated Friday.