South Dakota Attorney General Marty Jackley said he’s filing to have a case involving abortion bill advertisements moved to South Dakota.
It stems from an ad campaign backed by Mayday Health. The New York-based nonprofit put signs in gas stations across the state offering information about abortion pills.
Jackley filed a cease-and-desist letter, arguing abortion pills are illegal in the state. He also filed a motion in state court requiring Mayday Health stop, claiming its advertising is "either untruthful or contrary to South Dakota law."
Mayday sued, saying the signs are protected by free speech. It filed an emergency temporary restraining order in New York U.S. Federal Court.
The restraining order case is set to be heard in the U.S. District Court for the Southern District of New York Thursday. Jackley filed a brief arguing the case should be heard in South Dakota state court.
“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 Jackley in a statement Tuesday. “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.”
Jackley said he’ll personally appear in court Thursday to argue the case.