Appeals court denies South Dakota’s defense of ban on abortion pill advertising
Jackley joined the governor’s appeal seeking to restore enforcement of South Dakota’s abortion-pill advertising ban.

SOURCE CHECK
TAP FOR WHYThe article has an identified author and reports a court action alongside the positions of the state and the challengers. As a local-news publication, it merits a solid regional-news assessment, though this short article offers limited detail about the appeals court’s reasoning.
- Source type — A local-news outlet, a source type with a solid but not automatically national-level credibility baseline.
- Source diversity — It includes the state’s argument, the challengers’ claims and the district judge’s reasoning.
- Author attribution — The article names its author.
- Transparency — The story identifies the court actions and the parties but gives little detail about the appeals court’s decision.
The article clearly describes the court’s ruling and attributes the parties’ positions. Its main limitation is that it provides little explanation of the appeals court’s reasoning and relies on a short account of the dispute.
HOW WE SCORE ↗The story reports the state’s defense and the challengers’ free-speech argument, and includes the lower court’s explanation for blocking enforcement. The appeals court’s reasoning is not described, limiting the depth of the presentation.
- Counterarguments presented — Both the state’s position and the challengers’ position are included.
- Source diversity — The story draws on the parties’ claims and the district judge’s ruling.
- Omitted context — It does not explain the appeals court’s reasoning for denying the state’s request.
- Loaded language — The article’s narration is restrained and largely descriptive.
The article uses largely neutral language to describe the court ruling and attributes arguments to the state, the challengers and the district judge. It does not clearly favor either side.
- Language tone — Primarily factual, with no evident partisan or emotionally loaded wording.
- Source selection — Includes arguments from the state and challengers, as well as the lower court’s stated reasoning.
- Headline — Describes the court’s decision without an overtly partisan characterization.
The 8th Circuit Court denied Gov. Larry Rhoden and Attorney General Marty Jackley’s appeal, leaving South Dakota unable to enforce its abortion-pill advertising law while a constitutional challenge continues.
South Dakota Gov. Larry Rhoden and Attorney General Marty Jackley appealed a lower court’s decision blocking enforcement of a law that criminalizes abortion-pill advertising. The 8th Circuit Court denied their bid, so the state cannot enforce the law while the constitutional challenge proceeds.
Nancy Turbak Berry and Mayday Health sued Rhoden and Jackley, arguing that the law restricts Turbak Berry’s free speech. Jackley argued in the appeal that Mayday’s activities threatened unborn life and maternal health; the federal judge who initially blocked enforcement said the state had not shown that Mayday’s advertising was integral to criminal conduct.
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South Dakota attorney general who appealed the ruling blocking enforcement of the law
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