18 States Support South Dakota Abortion Law Appeal
Attorneys general file an amicus brief seeking to uphold South Dakota restrictions on abortion pill distribution and advertising.
Updated on Oct. 21, 2026 in Law
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The attorneys general of Arkansas, Louisiana, and 16 other states have filed an amicus brief with the U.S. Court of Appeals for the Eighth Circuit. They are urging the court to reverse a preliminary injunction that currently blocks enforcement of South Dakota's laws regarding abortion pill access.
Why it matters
The legal coalition argues that organizations operating in states where abortion is legal are undermining the authority of pro-life states to enforce their own regulations. This appeal seeks to vacate a lower court ruling that prevented South Dakota from implementing restrictions enacted after the 2022 Dobbs decision.
A total of 18 state attorneys general have joined the amicus brief in Mayday Health v. Rhoden. The court must now determine whether to reverse the federal district court's preliminary injunction.
The players
Tim Griffin
Tim Griffin is the Attorney General of Arkansas who led the filing of the amicus brief.
Liz Murrill
Liz Murrill is the Attorney General of Louisiana who joined the multi-state amicus brief.
The details
The brief follows a 2026 legal challenge where plaintiffs contested South Dakota's restrictions on First Amendment grounds, resulting in a federal district court injunction. The filing contends that pro-abortion organizations are actively seeking to bypass state-level abortion laws.
Timeline
2022: South Dakota enacted abortion restrictions following the Supreme Court's Dobbs decision.
2026: Plaintiffs challenged the law on First Amendment grounds.
October 21, 2026: Arkansas Attorney General Tim Griffin issued a statement regarding the filing.
Political Context
Opponents of these restrictions argue that such state-level laws violate the First Amendment and impede reproductive healthcare access across state lines. This disagreement highlights the ongoing national friction between state sovereignty and federal protections following the 2022 Dobbs decision.
The outcome of this appeal will determine whether South Dakota can legally enforce its bans on the advertising and distribution of abortion pills. Citizens in impacted states should monitor for potential changes to healthcare access and regulatory requirements regarding medication.
The takeaway
This case highlights the growing complexity of cross-state legal battles regarding medical access post-Dobbs. Readers should follow appellate court rulings closely as they will set significant standards for state authority over out-of-state medical providers.
Further reading
For more information on legal precedents and current litigation, visit the United States Law section.
More information
Review the full copy of the amicus brief filed with the court.
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Should states have the legal authority to restrict the mailing and advertising of abortion pills?
