Loading…
2 sources·Started 10d ago·Updated 10d ago
Judge blocks enforcement of South Dakota abortion advertising ban
Mayday HealthCamela TheelerSouth DakotaLarry RhodenNancy Turbak BerryMarty JackleyAbortion pillsJim Leach
Sources
2outlets
AN
Coverage
2articles
A federal judge has blocked South Dakota from enforcing a new law that criminalizes advertisements for abortion drugs or services, granting a preliminary injunction to the reproductive health nonprofit Mayday Health. U.S. District Judge Camela C. Theeler ruled that the state is likely to lose the lawsuit and that the law likely violates free speech rights.
What happened
Signed in March, the law prohibits advertising for 'unlawful abortion services,' including abortion pills, in South Dakota. Mayday Health, which does not sell or distribute medication but provides information, and plaintiff Nancy Turbak Berry sued in May, arguing the ban infringes on freedom of speech Source: AP News. Judge Theeler noted that the state did not attempt to prove the law met strict scrutiny Source: AP News.
The reaction
Attorney Jim Leach, representing Mayday Health, welcomed the ruling: 'Information should not be banned. And the state wants to ban information about abortion' Source: AP News. Governor Larry Rhoden expressed disappointment, stating he remains confident the law is constitutional Source: AP News.
The injunction is preliminary; the law is not struck down. Abortion remains illegal in South Dakota except to save the mother's life Source: Ground News.
Sources
4 quotesAP News↗
“U.S. District Judge Camela C. Theeler issued a preliminary injunction blocking South Dakota from enforcing the recently adopted state law against New York-based Mayday Health and plaintiff Nancy Turbak Berry.”
AP News↗
“In the Friday ruling, the judge wrote that the state did not attempt to prove the law met strict scrutiny — that the law both served a compelling government interest and was narrowly tailored.”
AP News↗
“'Information should not be banned,' said Jim Leach, the attorney representing 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.'”
AP News↗
“Rhoden said in a statement Friday that he was disappointed with the ruling but noted that it is only a preliminary decision. 'I remain confident that our law is not only constitutional — it's vitally important,' he said.”