A federal judge is ruling in favor of South Dakota Attorney General Marty Jackley in a legal battle over abortion drug advertisements.

Mayday Health, a New York-based nonprofit, launched a campaign advertising abortion-inducing medication at gas stations across the state.

Jackley sued in state court, arguing the ads violated South Dakota’s abortion prohibition. Mayday then filed a suit in federal court, asking the Southern District of New York court to intervene, arguing it is a free speech issue.

On Wednesday, federal judge Katherine Polk Failla declined to block Jackley’s actions. She gave Mayday a March 2 deadline to submit arguments to show why the case shouldn’t be dismissed.

The state lawsuit is set to proceed Feb. 20 in Hughes County Court. Jackley said that case will proceed regardless of whether or not Mayday appeals the federal ruling.