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Attorney General Marty Jackley

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South Dakota Joins Challenge to Abortion Law

FOR IMMEDIATE RELEASE:  Tuesday, January 16, 2018

CONTACT:  Sara Rabern (605) 773-3215 

PIERRE, S.D. -  Attorney General Marty Jackley announced today he has joined a 22 state coalition of Attorneys General in filing an amicus brief, in the case of National Institute of Family and Life Advocates v. Becerra, Attorney General of California, with the U.S. Supreme Court. The brief supports a free speech challenge to a California law requiring licensed pregnancy clinics to post information about subsidized abortions. 

“Forcing doctors and licensed medical facilities that do not perform abortions to advertise about state funded contraception and abortions is not supported by law,” said Jackley.

The brief argues that approximately 29 states have laws requiring a physician to provide certain information to a patient when obtaining informed consent to perform an abortion procedure.  California’s law requires licensed medical facilities- that do not perform abortions or prescribe all forms of contraception-to nevertheless notify individuals about state subsidized contraceptives and abortion offered by other doctors and facilities. 

There is no cost to the State of South Dakota to join this challenge.

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