Joseph Zambon
In 2021, the State of Texas passed a law – Senate Bill 8 (“An Act relating to abortion, including abortions after detection of an unborn child’s heartbeat”). As described in the title, this was an anti-abortion law generically known as a “fetal heartbeat bill,” also called a “6-week abortion ban”.
Fetal heartbeat bills claim that life begins at the start of cardiac activity. Fetal heartbeat bills ban abortion after embryonic cardiac activity is detected, usually around six weeks gestation. This is two weeks after the first missed period and before many women know they are pregnant.
"Those behind this movement believe that life begins at the onset of cardiac activity...But this belief is scientifically incorrect..."
Cardiac Activity of a Fetal Heart
However, the claim that life begins when cardiac activity is detectable on ultrasound is widely disputed. For example, in an article published in Scientific American entitled, “Antiabortion Heartbeat Bills Are neither Morally nor Legally Sound,” the authors write, …Those behind this movement believe that life begins at the onset of cardiac activity…But this belief is scientifically incorrect…we can use ultrasound exams to see the rhythmic motion of the early heart cells [myocytes – the cells in the embryo that will become the heart] as they respond to electrical activity. It’s not until clinical week nine that we can see a recognizable four-chamber heart.”
Below is a YouTube video of heart cells – cardiomyocytes – grown in culture, that is, in a dish. The heart cells by themselves, without a heart, can beat after about 3 weeks of growing in the dish. This is what is detected by the fetal ultrasound and what the advocates call a fetal heartbeat.
Fetal Heartbeat Bills / 6-Week Abortion Bans
Fetal heartbeat bills across the country, including the bill introduced in the New York State Assembly by David DiPietro (AO3307, “An act to amend the public health law, in relation to establishing the requirement of testing for a fetal heartbeat prior to the performance of an abortion…”) are based on legislation created by an extremist conservative Christian ministry in Ohio called Faith2Action. Several states passed fetal heartbeat bills based on Faith2Action’s legislation, including Alabama, Georgia, Kentucky, Louisiana, Missouri, North Dakota, Ohio, South Carolina, and Texas.
Unintended Consequences
There are often “unintended consequences” even with well-intended laws.
The Law of Unintended Consequences states that; (1) outcomes of a purposeful action that are not intended or foreseen; (2) an adage or idiomatic warning that an intervention in a complex system tends to create unanticipated and often undesirable outcomes.
For example, legislators passed laws in the mid-’90s mandating passenger-side airbags. These laws led to an increase in child deaths. The airbag forcefully deployed, critically injuring small children in the front seat. Well-intentioned legislators passed laws to fix this problem but created another problem. The law requires children to ride in the back seat. These laws led to infants and small children being overlooked, left in the car, and dying from extreme heat.
"A study published on June 24, 2024, shows that the year after the Texas anti-abortion law passed, the number of infant deaths actually increased."
A recent study shows that the Texas Fetal Heartbeat Abortion Ban has unintended consequences. A study published June 24, 2024 shows that in the year after the Texas anti-abortion law passed, the number of infant deaths actually increased.
Previous research indicates that children born in states with abortion restrictions are more likely to die during infancy than children born in states without abortion restrictions. Based on this research, scientists at Johns Hopkins University, Bloomberg School of Public Health – one of the world’s leading schools of public health – asked the following question. “How did Texas’ ban on early abortions in 2021 impact infant mortality in 2022?”
To determine the difference in the number and rate of infant deaths before and after the Texas Fetal Heartbeat Abortion Ban, the scientists looked at all recorded infant deaths between January 1, 2018, and December 31, 2022, in Texas and in 28 other states.
"[There were]... unexpected increases in infant deaths in Texas between 2021 and 2022. Congenital anomalies, which are the leading cause of infant death, also increased in Texas but not the rest of the US."
Increased Infant Deaths
The Johns Hopkins scientists found that between 2018 – 2022, there were 102,391 infant deaths in the U.S., including 10,351 infant deaths in Texas.
In the year after the Texas’ Fetal Heartbeat Abortion Ban was enacted, infant deaths in Texas increased from 1985 to 2240, or 255 additional deaths. This was a 12.9% increase in infant deaths in Texas compared to a 1.8% increase in the rest of the U.S.
Data from Texas and the 28 other states found that there were 216 more infant deaths in Texas from March to December 2022. This was a 12.7% increase above what was expected.
The Texas Fetal Heartbeat Abortion Ban does not make exceptions for fatal congenital defects. In a case that drew national attention, the Texas Supreme Court denied a woman an abortion even though the fetus had a fatal chromosomal abnormality, and continuing the pregnancy jeopardized the woman’s health and her ability to have children in the future.
The Johns Hopkins scientists found that in 2022, infant deaths in Texas from congenital anomalies increased by 22.9% but decreased by 3.1% in the rest of the U.S.
The scientists concluded that “…Texas’ 2021 fetal heartbeat bill and the resulting abortion ban on early pregnancy were associated with unexpected increases in infant deaths in Texas between 2021 and 2022. Congenital anomalies, which are the leading cause of infant death, also increased in Texas but not the rest of the US.”
"David DiPietro introduced a Fetal Heartbeat Anti-Abortion Bill (A03307) similar to the Texas law. If it became law in New York, there would likely be an increase in the number of infant deaths"
As I wrote at the beginning of this post, David DiPietro represents the New York State 147th Assembly District, including Southern Erie County and Wyoming County. DiPietro is a MAGA Republican extremist, staunch Trump supporter, and Deputy Minority Whip in the Assembly.
He won the June 25, 2024, Republican primary – his first primary contest in a decade – over fellow Republican Mitch Martin, an Erie County Sheriff’s Office captain. DiPietro won with 82% of the vote or a 4:1 margin over Martin. Former president and convicted felon Donald Trump endorsed DiPietro’s primary run. It’s very unusual for Trump to endorse a Republican candidate for state assemblyman.
David DiPietro Introduces Two Anti-Abortion Bills
DiPietro introduced two anti-abortion bills into the Assembly this session.
DiPietro introduced A03307, the fetal heartbeat bill, also known as the six-week abortion ban. DiPietro also introduced a forced ultrasound bill – A06818.
A03307 is similar to the Texas Fetal Heartbeat Anti-Abortion Ban. DiPietro’s bill bans abortion if a fetal heartbeat is detected by a mandatory ultrasound, just like the Texas law. They are both modeled on legislation created by the extremist Faith2Action conservative Christian ministry.
As I wrote in another post, “Western New York Politician David DiPietro Is Coming For Your Rights and Your Money!!” neither bill had any other sponsor or co-sponsor, even other Republican members of the Assembly. It has no chance of becoming law.
But assuming it did become law or if a national 6-week abortion ban became law, then Texas would be replicated in New York. The infant mortality rate would likely rise. Unintended consequences.