South Dakota Attorney General Marty Jackley will appear Thursday in the U.S. District Court for the Southern District of New York to argue that South Dakota—not a New York federal court—should decide whether Mayday Health’s advertisements in the state are deceptive and whether it can promote abortion pills that are illegal under state law.
Jackley said federal courts should not interfere in active state proceedings and emphasized the state’s right to enforce its own laws.
In December, Jackley ordered Mayday Health to stop advertising abortion pill availability in South Dakota and filed a motion in state court to halt any misleading or unlawful ads. Mayday Health then sought an emergency restraining order in New York federal court, which has scheduled a full hearing for 5 p.m. CST Thursday.
Jackley has filed a brief invoking the Younger abstention doctrine, urging the federal court to defer to South Dakota’s ongoing state‑court process.
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