SIOUX FALLS, S.D. (KELOLAND) – South Dakota’s Attorney General is reminding everyone that abortion is still illegal in the state, despite a recent federal Supreme Court ruling.
On Thursday morning, the Supreme Court of the United States unanimously decided to uphold access to the abortion pill, mifepristone, by rejecting an anti-abortion group’s efforts to restrict its availability. Meaning access to the pill won’t change on a federal level.
However, South Dakota Attorney General Marty Jackley confirmed the SCOTUS ruling does not change the state’s abortion law.
“The court’s decision does not change the current FDA rules, and State law on mifepristone remains the same,” Jackley said in a news release.
Under South Dakota’s current trigger law, anyone who administers an abortion in any way, whether that be by using an instrument or prescribing drugs and the procedure is to preserve the life of the pregnant female, is guilty of a Class 6 felony.
he only exception to the law is if there is “appropriate and reasonable medical judgment” that an abortion would save the mother’s life. There is no exception for rape or incest.
Also under South Dakota law, the female may not be held criminally liable for the abortion.
AP News reported in March 2024 that 63% of abortions were done by medication, which is a 10% increase from 2020. The drug will remain available to people up to the 10th week of pregnancy and will still be available through the mail for states that still allow abortions.
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