A New York federal judge has dismissed Mayday Health’s counter‑lawsuit against South Dakota Attorney General Marty Jackley, ruling the dispute belongs in state court, where Jackley has already filed suit.
The case stems from December, when Mayday Health posted gas‑station signs directing people to its website for information on medication abortions. Jackley later sued the group for deceptive advertising and “harming women.” Mayday responded with a federal free‑speech lawsuit, which the judge has now dismissed.
Jackley said Wednesday the ads are not protected speech, comparing them to advertising illegal drugs.
Mayday may still appeal.
State proceedings will continue regardless, with Jackley citing 657 consumer complaints and statements from gas station owners as evidence. He also said investigators documented instances of abortion pills entering the state.
The dispute comes as lawmakers consider a bill tightening rules on ordering and delivering abortion pills. Gov. Larry Rhoden voiced support, calling the ruling “a great result” but saying “the fight is not over.”
The next hearing in the state case is Feb. 20 in Hughes County.
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