Attorney General Jackley Opposes Rule Expanding Access to Abortion Drugs Via Mail and Telehealth

FOR IMMEDIATE RELEASE: Tuesday, Feb. 17, 2026

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

PIERRE, S.D. – South Dakota Attorney General Marty Jackley has joined a coalition of 22 Attorneys General who support Louisiana’s lawsuit challenging a Biden-era rule that expanded access to abortion drugs through the mail and telehealth, despite contrary state laws.

“The United States Supreme Court has made it clear abortion laws are the authority of the states,” said Attorney General Jackley. “These pills are dangerous to young girls and women. We must protect our citizens from misleading and harmful products.”

Louisiana’s lawsuit challenges a 2023 Food and Drug Administration action that removed long-standing safeguards on the chemical abortion drug mifepristone and allowed doctors in one State to prescribe abortion pills to patients in another. The AG’s brief argues that the rule unlawfully overrides state laws protecting unborn life and intrudes on states’ sovereign authority following the Supreme Court’s decision in Dobbs.

Nebraska’s Attorney General wrote the brief. The other AGs joining the brief are from:

Alabama, Alaska, Arkansas, Georgia, Idaho, Indiana, Iowa, Kansas, Mississippi, Missouri, Montana, North Dakota, Ohio, Oklahoma, South Carolina, Texas, Utah, West Virginia, and Wyoming.

The brief can be found here: https://ago.nebraska.gov/sites/default/files/doc/Louisiana%20v.%20FDA%20Draft%20Amicus%20Brief%20%28final%29.pdf

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