FOR IMMEDIATE RELEASE: Thursday, June 13, 2024

Contact: Tony Mangan, Communications Director, 605-773-6878

PIERRE, S.D. – South Dakota Attorney General Marty Jackley confirms that Thursday’s decision by the U.S. Supreme Court not to restrict access to mifepristone, a widely used abortion pill, does not impact South Dakota’s current abortion law.

A group of anti-abortion doctors and medical associations challenged changes made by the Food and Drug Administration in the past 10 years that allowed more access to mifepristone.  Attorney General Jackley earlier this year had joined 21 other attorneys general in supporting the group’s opposition to the FDA policies.

In its decision, the Supreme Court did not address whether the FDA lawfully acted when it had relaxed the rules for mifepristone’s use. Rather, the justices based their unanimous decision on procedural grounds, ruling that the opponents did not have the legal right to bring the suit against the FDA.

South Dakota abortion law makes it a Class 6 felony for anyone “who administers to any pregnant female or prescribes or procures for any pregnant female” a means for an abortion, except to save the life of the mother. The crime is punishable by two years in prison, a $4,000 fine or both.

“The court’s decision does not change the current FDA rules, and State law on mifepristone remains the same,” said Attorney General Jackley.

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