States join South Dakota in Mayday Health legal battle

SIOUX FALLS, S.D. (Dakota News Now) - Eighteen states are stepping in to back South Dakota in its legal fight to restrict mailed abortion pills.

South Dakota Attorney General Marty Jackley said the legal battle is as much about states’ rights as it is about regulating medication.

“And they really did it under the, you know, the position that states should be deciding these, not the federal government. These issues were resolved in state court already. And I think that ultimately we’ll have good success up at the Eighth Circuit. And I attribute much of that to the position we’ve taken on states’ rights. The good legislation of our legislature. The fact that it’s a public safety and health issue. And now we have several state attorney generals supporting South Dakota,” Jackley told Dakota News Now.

New York-based Mayday Health sued the state to block its restrictions.

In July, a federal judge in Rapid City issued a preliminary injunction, stopping enforcement while the case works its way through court.

Thursday was the deadline for outside support. A coalition of 18 attorneys general, including neighboring Nebraska, North Dakota, and Montana, filed a brief urging the court to uphold South Dakota’s authority.