I guess no one wants to fight for abortion rights in South Dakota, or even for the right to talk about abortion rights.
The State of South Dakota has settled its lawsuit against Mayday Health, as well as Mayday’s countersuit, over the abortion ads the New York-based advocacy group placed at South Dakota gas stations in December. Attorney General Marty Jackley and Mayday give wildly differing summaries of the settlement:
“Mayday Health targeted women and young girls encouraging them to take abortion pills while misleading them about the physical risks,” Attorney General Marty Jackley said in a news release. “My position has been clear and unwavering, South Dakota law governs, and the misleading advertisements must be, and are, stopped.”
…“This is why you fight. South Dakota tried to intimidate Mayday,” [Mayday executive director Liz] Raisner said in a statement. “We sued the Attorney General. A federal judge agreed our speech is constitutionally protected. And now the AG is dropping all charges. We’ll continue exercising our First Amendment right, telling Americans in all 50 states that they can still access abortion pills. That includes South Dakota.”
In response to Mayday’s statement, Jackley told KELOLAND News: “Mayday was sued civilly in SD State Court for deceptive practices. Its attempt to sue South Dakota in New York Federal Court failed for lack of jurisdiction. Its attempt to dismiss in SD State Court similarly failed. Its lack of success in both New York Federal Court and SD State Court is straightforward. Its deceptive signs are down, and its obligations under the settlement are clear and expected to be followed at least in South Dakota” [Gracie Terrall, “Settlement Stops Mayday Abortion Ads in SD,” KELO-TV, updated 2026.03.10].
But Mayday isn’t fighting. South Dakota successfully intimidated Mayday into surrendering its First Amendment rights. Read the first and only substantive term/condition of the settlement:
Mayday Health agrees that it will ensure the removal of the Gas Station Placards and will terminate its campaign to place additional Gas Station Placards throughout South Dakota. Mayday Health also agrees that, going forward, it will not place, either directly or indirectly through third-party actions, any signs, posters, placards, billboards, or other physical media within the physical borders of South Dakota that aid, abet, or solicit illegal conduct as established by law [State of South Dakota and Mayday Health, Limited Release Agreement, 2026.03.05].
Mayday could have beaten Jackley’s bogus lawsuit, but evidently they’ve decided South Dakota isn’t worth their time.
Meanwhile, House Bill 1274, which seeks to felonize selling or even talking about abortion pills in South Dakota, sailed through the Senate yesterday on a 31–2 vote.
Jackley will take his Viagra and stand in celebration. He’d better watch those much more dangerous pills however. I’m sure the legislature will ban even writing about them too, right? I guess I’d better not write about choicesmedical.com anymore. Planned Parenthood is definitely out. Plan C, I can’t mention them. Hey Jane your Misoprostol is illegal in South Dakota. The EntirelyPets pharmacy isn’t for my cat. Aid Access, carenetirc.org, ACOG, AbortionFinder’s all. GoodRx, FPA Women’s Heakth, you know boys in the legislature I just have to laugh at your idiocy and your AG, what a loser.
Why don’t you just have the people of South Dakota vote on this issue? Oh, that’s right, you would lose.
If Republicans really want to end women’s health care decisions state governments should outlaw obesity and encourage businesses like airlines and taxi services to charge more for obese people. Food stores would have scales at tills that add surcharges according to body mass index, businesses with buffets would have scales, too and anyone with a BMI over 23 will pay an additional $1.00 for every whole number above that. Gas stations would have scales that determine price per gallon according to BMI unless you have documentation in your debit/credit card updated by your physician that you’re on a weight reduction regimen and Mr. Trump’s health guru, Mr. Kennedy, apparently concurs.