SIOUX FALLS — A federal judge on Friday temporarily stopped South Dakota from enforcing a recently enacted law that limits advertising for abortion services against a reproductive health nonprofit, saying the organization and an individual plaintiff were likely to prevail on constitutional grounds.
Court halts enforcement, but law remains intact
U.S. District Judge Camela C. Theeler granted a preliminary injunction that prevents the state from applying the statute to Mayday Health, a New York-based nonprofit, and plaintiff Nancy Turbak Berry. The decision does not strike down the law itself; instead it pauses enforcement while the legal challenge proceeds.
The statute, signed into law in March, bars distribution and advertising for what it labels unlawful abortion services, including abortion pills. South Dakota has prohibited most abortions since the reversal of Roe v. Wade, allowing them only when the pregnant person's life is at risk; performing an abortion in the state is a felony under current law.
Judge cites likely success on free-speech claim
In her opinion, Judge Theeler concluded the plaintiffs showed a strong likelihood of prevailing on their First Amendment challenge. The judge noted the state had not demonstrated the law satisfied the strict-scrutiny test — meaning it had not proven the restriction served a compelling government interest and was narrowly tailored.
“Information should not be banned,”
The remark was made by Jim Leach, the attorney representing Mayday Health, after the ruling. Leach said the decision confirms that the state cannot prohibit information about abortion regardless of differing views.
Background and recent events
Mayday Health was founded in 2022 and focuses on public information about abortion pills; it does not sell or distribute medication. The nonprofit ran advertising in South Dakota in December 2025, placing placards at gas stations that directed readers to “Learn More at Mayday.Health.” State Attorney General Marty Jackley filed a complaint over those ads, and the group initially agreed in March to remove the placards.
The lawsuit was filed in May and names Republican Gov. Larry Rhoden and Jackley as defendants. The judge’s injunction stops enforcement against the nonprofit and Berry while the courtroom challenge moves forward.
- What the injunction does: Stops state enforcement of the ad ban against the named plaintiffs.
- What it doesn't do: It does not repeal or invalidate the statute.
- Next steps: The case continues in federal court, where the constitutionality of the law will be litigated further.
| Item | Detail |
|---|---|
| Judge | Camela C. Theeler |
| Plaintiffs | Mayday Health; Nancy Turbak Berry |
| Defendants | Gov. Larry Rhoden; AG Marty Jackley |
| Law | State ban on advertising/distribution of unlawful abortion services (signed March) |
This ruling comes at a time when states across the country are testing the boundaries of abortion regulation and free-speech protections. For South Dakotans, the decision immediately affects how reproductive-health information can be shared within the state while the broader legal fight plays out.
