PIERRE, S.D. (Mitchell Now) – South Dakota Attorney General Marty Jackley announces he will personally appear in U.S. District Court for the Southern District of New York Thursday to argue that South Dakota state court, not New York federal court, should rule on whether Mayday Health’s advertisements in South Dakota are untruthful and deceptive including whether it has the right to advertise the sale of abortion pills in South Dakota that the State Legislature has banned.
“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,” said Attorney General Jackley. “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.”
Attorney General Jackley in December issued a letter to Mayday Health that it cease and desist from engaging in deceptive advertising regarding the availability of abortion pills in South Dakota which is illegal. Attorney General Jackley also filed a motion in state court requiring Mayday Health stop its advertising that is either untruthful or contrary to South Dakota law. Mayday Health responded by filing an emergency temporary restraining order in New York U.S. Federal Court. The federal New York court ordered a full hearing scheduled for 5 p.m. CST Thursday in New York City.
Attorney General Jackley has filed a brief in federal court based on the Younger abstention doctrine, which is a legal doctrine where the federal court defers to local state-court proceedings. The federal judge had invited both sides to file briefs based on the Younger doctrine.
South Dakota’s federal brief is can be found here: