South Dakota Attorney General Marty Jackley announced he will personally appear Thursday in the U.S. District Court for the Southern District of New York to argue that South Dakota courts, not a New York federal court, should determine whether Mayday Health’s advertisements in the state are untruthful or deceptive, including the company’s promotion of abortion pills banned under South Dakota law.
Jackley emphasized the importance of state sovereignty in legal matters affecting local interests. “It has long been the rule of law that federal courts must refrain from interfering with ongoing state court proceedings and to respect state sovereignty when there exists important state interests,” Jackley said. “I respected state interests and state courts when I served as our United States Attorney, and as our Attorney General I will fight for our right to determine our own laws and to enforce them.”
The legal dispute began in December when Jackley issued a cease-and-desist letter to Mayday Health, directing the organization to stop advertising the availability of abortion pills in South Dakota, which is prohibited by state law. Jackley also filed a motion in South Dakota state court requiring Mayday Health to stop any advertising that is untruthful or in violation of state law.
Jackley’s brief in federal court invokes the Younger abstention doctrine, which instructs federal courts to defer to ongoing state-court proceedings when significant state interests are at stake. The federal judge invited both parties to submit briefs addressing the Younger doctrine before the hearing.
The case represents a high-profile clash between South Dakota’s enforcement of its abortion laws and a company operating nationally that promotes services banned within the state.
By SD News Staff