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Carole Novielli
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Abortion Pill·By Bridget Sielicki
Appeals court keeps South Dakota abortion advertising law blocked for now
The 8th Circuit Court of Appeals has upheld a lower court's ruling that temporarily overturned a South Dakota law prohibiting abortion advertising. The court's ruling means the law will remain blocked as a lawsuit seeking to permanently overturn the law plays out in the court.
An appeals court has upheld a lower court's ruling that placed a temporary injunction on a South Dakota law prohibiting abortion advertising.
The state's law originated after Mayday Health advertised the abortion pill in the state last year, even though South Dakota prohibits most abortions.
The advertising law remains on hold while a lawsuit filed by Mayday Health proceeds through the courts.
Mayday Health, an organization that runs a website promoting abortion pill delivery, started advertising the abortion pill at South Dakota gas stations last year, despite a state law protecting nearly all preborn children from abortion. This led Attorney General Marty Jackley to file a cease-and-desist letter against the organization.
Lawmakers followed Jackley's actions by passing legislation in March prohibiting the "dispensing, distribution, sale, or advertisement of certain articles or things for purposes of an unlawful abortion..." South Dakota maintained that because abortion is illegal in the state, Mayday couldn't advertise where to purchase the abortion pill. Mayday filed a lawsuit against the state, arguing that its advertising practices were protected by the first amendment right to free speech.
In a July ruling, U.S. District Judge Camela C. Theeler sided with Mayday and issued a preliminary injunction against the law while the lawsuit proceeds through the court.
Following that ruling, Jackley and South Dakota Governor Larry Rhoden filed an appeal, asking the 8th Circuit Court to overturn Theeler's ruling and keep the law in place.
“The Court has legalized the solicitation and aiding and abetting of an illegal drug and erroneously broadened the scope of the term advertising,” the state's appeal stated, adding that the ruling “could just as easily protect the solicitation and aiding and abetting of online methamphetamine sales by groups who claim to simply ‘provide information’ about methamphetamine and offer consumers the ‘choice’ to commit an illegal act.”
In a brief order issued October 1, the appeals court upheld Theeler's ruling, denying the state's request to reinstate the abortion advertising ban.
Mayday Health immediately claimed victory on social media, stating, "WE WON IN FEDERAL COURT." However, the court's ruling is not the final say in the case, as it only upholds a preliminary ruling. Mayday's lawsuit against the state continues in federal court, as the court works to decide if the ruling is constitutional.
As Governor Rhoden remarked in July: “I remain confident that our law is not only constitutional — it’s vitally important.”
Live Action News is pro-life news and commentary from a pro-life perspective.
Our work is possible because of our donors. Please consider giving to further our work of changing hearts and minds on issues of life and human dignity.
Contact editor@liveaction.org for questions, corrections, or if you are seeking permission to reprint any Live Action News content.
Guest Articles: To submit a guest article to Live Action News, email editor@liveaction.org with an attached Word document of 800-1000 words. Please also attach any photos relevant to your submission if applicable. If your submission is accepted for publication, you will be notified within three weeks. Guest articles are not compensated (see our Open License Agreement). Thank you for your interest in Live Action News!
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International
Bridget Sielicki
·Abortion Pill·By Bridget Sielicki
Appeals court keeps South Dakota abortion advertising law blocked for now
The 8th Circuit Court of Appeals has upheld a lower court's ruling that temporarily overturned a South Dakota law prohibiting abortion advertising. The court's ruling means the law will remain blocked as a lawsuit seeking to permanently overturn the law plays out in the court.
An appeals court has upheld a lower court's ruling that placed a temporary injunction on a South Dakota law prohibiting abortion advertising.
The state's law originated after Mayday Health advertised the abortion pill in the state last year, even though South Dakota prohibits most abortions.
The advertising law remains on hold while a lawsuit filed by Mayday Health proceeds through the courts.
Mayday Health, an organization that runs a website promoting abortion pill delivery, started advertising the abortion pill at South Dakota gas stations last year, despite a state law protecting nearly all preborn children from abortion. This led Attorney General Marty Jackley to file a cease-and-desist letter against the organization.
Lawmakers followed Jackley's actions by passing legislation in March prohibiting the "dispensing, distribution, sale, or advertisement of certain articles or things for purposes of an unlawful abortion..." South Dakota maintained that because abortion is illegal in the state, Mayday couldn't advertise where to purchase the abortion pill. Mayday filed a lawsuit against the state, arguing that its advertising practices were protected by the first amendment right to free speech.
In a July ruling, U.S. District Judge Camela C. Theeler sided with Mayday and issued a preliminary injunction against the law while the lawsuit proceeds through the court.
Following that ruling, Jackley and South Dakota Governor Larry Rhoden filed an appeal, asking the 8th Circuit Court to overturn Theeler's ruling and keep the law in place.
“The Court has legalized the solicitation and aiding and abetting of an illegal drug and erroneously broadened the scope of the term advertising,” the state's appeal stated, adding that the ruling “could just as easily protect the solicitation and aiding and abetting of online methamphetamine sales by groups who claim to simply ‘provide information’ about methamphetamine and offer consumers the ‘choice’ to commit an illegal act.”
In a brief order issued October 1, the appeals court upheld Theeler's ruling, denying the state's request to reinstate the abortion advertising ban.
Mayday Health immediately claimed victory on social media, stating, "WE WON IN FEDERAL COURT." However, the court's ruling is not the final say in the case, as it only upholds a preliminary ruling. Mayday's lawsuit against the state continues in federal court, as the court works to decide if the ruling is constitutional.
As Governor Rhoden remarked in July: “I remain confident that our law is not only constitutional — it’s vitally important.”
Live Action News is pro-life news and commentary from a pro-life perspective.
Our work is possible because of our donors. Please consider giving to further our work of changing hearts and minds on issues of life and human dignity.
Contact editor@liveaction.org for questions, corrections, or if you are seeking permission to reprint any Live Action News content.
Guest Articles: To submit a guest article to Live Action News, email editor@liveaction.org with an attached Word document of 800-1000 words. Please also attach any photos relevant to your submission if applicable. If your submission is accepted for publication, you will be notified within three weeks. Guest articles are not compensated (see our Open License Agreement). Thank you for your interest in Live Action News!
Carole Novielli
·Abortion Pill
Carole Novielli
·Abortion Pill
Cassy Cooke
·Abortion Pill
Carole Novielli
·Abortion Pill
Bridget Sielicki
·Abortion Pill
Nancy Flanders
·International
Bridget Sielicki
·Abortion Pill
Bridget Sielicki
·Human Interest
Bridget Sielicki
·Issues
Bridget Sielicki
·International
Bridget Sielicki
·