PIERRE, S.D. – A federal appeals court has denied an effort by South Dakota officials to reinstate a law restricting abortion pill advertising while a legal challenge moves through the courts.
The law, signed earlier this year, would prohibit the advertising, distribution, and dispensing of abortion pills and impose criminal penalties for violations. However, a federal judge temporarily blocked enforcement of the law in July after a lawsuit was filed challenging its constitutionality.
Governor Larry Rhoden and Attorney General Marty Jackley appealed that decision, arguing the law is necessary to protect unborn life and maternal health. But the Eighth Circuit Court of Appeals declined to overturn the lower court’s ruling.
As a result, the state remains unable to enforce the law while the lawsuit proceeds. The legal challenge was brought by former state lawmaker Nancy Turbak Berry and the nonprofit organization Mayday Health, which argue the law violates First Amendment free speech protections.
The case will now continue in federal court as judges determine whether the law is constitutional.
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