Joseph Zambon
Western New York Politician David DiPietro Introduced Anti-Abortion Legislation
David DiPietro (R-NY147th) has quietly introduced legislation that strips away a woman’s fundamental right to choose.
For the past decade, David DiPietro has represented 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.
DiPietro Introduced a Six-Week Abortion Ban to the NYS Assembly
DiPietro introduced A03307, the fetal heartbeat bill, also known as the six-week abortion ban. This bill requires physicians to check a pregnant woman for a fetal heartbeat before performing an abortion. A03307 states, “Any person who intends to perform or induce an abortion on a pregnant woman shall determine whether there is a detectable fetal heartbeat … If testing reveals a fetal heartbeat … no person shall knowingly and purposefully perform or induce an abortion … Whoever violates the provisions of this subdivision is guilty of abortion in the third degree.”
The fetal heartbeat bill makes abortion illegal as early as six weeks – two weeks after a woman’s first missed period and when many women don’t even know they are pregnant. Anti-abortionists claim that a “fetal heartbeat” can be detected as early as six weeks. This is disputed by expert medical professionals who contend that a true fetal heartbeat cannot be detected until 17 to 20 weeks gestation.
Several Southern states have adopted fetal heartbeat bills like DiPietro’s. These bills are based on model legislation created by an extremist conservative Christian ministry in Ohio. Fetal heartbeat bills /six-week abortion bans are law in Ohio, Georgia, Louisiana, Missouri, Alabama, Kentucky, South Carolina, and Texas.
And even though six-week abortion bans like DiPietro’s purport to have exceptions for the health of the mother, that is not how it works out. For example, the Texas six-week abortion ban has exceptions for the health of the mother. But in a case that drew national attention, the Texas Supreme Court ruled that a woman carrying a fetus with a fatal chromosomal abnormality was not allowed to have an abortion even though continuing the pregnancy jeopardized her health and her ability to have children in the future.
DiPietro Introduced a Mandatory Obstetric Ultrasound Bill
Another DiPietro-sponsored bill (A06818) forces pregnant women to have an ultrasound, look at the fetal image, and hear a description of the fetus before an abortion. Specifically, DiPietro’s bill says that “Prior to a woman giving informed consent to having any part of an abortion performed, the abortion provider … shall perform an obstetric ultrasound …display the ultrasound images …provide a complete medical description of the ultrasound images…” His ultrasound mandate delays the procedure and is designed to cause emotional distress to pregnant women. The bill also applies to pregnant women undergoing medication abortions such as those from mifepristone and misoprostol.
Both of DiPietro’s bills – the six-week abortion ban and the obstetric ultrasound requirement – strip away a woman’s right to choose. Interestingly, DiPietro is the sole sponsor of these bills. There are no other Assembly sponsors or co-sponsors, even other Assembly Republicans.
The absence of sponsors and co-sponsors suggests several things. First, it suggests these two bills are so extreme in stripping away women’s rights that no other member of the Assembly, including his fellow Republicans, wants to be associated with either of these bills. Second, it suggests that as deputy whip, DiPietro, together with the Republican leadership in the Assembly, has calculated that DiPietro’s upstate 147th Assembly District is so “red” and so gerrymandered in favor of the GOP that he can quietly introduce these two bills without fear of consequence at the polls. As a new deputy whip, DiPietro is paying his dues to the GOP leadership by introducing these bills.
Neither of DiPietro’s bills has any chance of becoming law. The democrats control all parts of the New York State government. Democrats control the Assembly and the Senate, and they hold the governorship. And as shown by legislation passed over the past three years, New York State democrats are dedicated to preserving a woman’s right to choose. More than that, democrats have positioned New York to be a “safe harbor” for abortion care. When signing legislation to protect patient and reproductive healthcare provider rights, Governor Hochul said , “Today, we are taking action to protect our service providers from the retaliatory actions of anti-abortion states and ensure that New York will always be a safe harbor for those seeking reproductive healthcare.”
DiPietro Introduced a Bill to Split New York Into Three Parts
This isn’t the first time DiPietro has introduced a bill that has no chance of becoming law. In 2019, DiPietro sponsored a bill (A5498) to split New York State into three autonomous regions. According to DiPietro, people are fed up with being controlled by New York City. “My bill is the first one to put it in writing to split the state. We actually can do this.”
DiPietro is misleading his constituents. “My bill is the first one to put it in writing to split the state” – No, its not! “We actually can do this” – No, he actually can’t do this! And he knows he can’t!
This is not the first time dividing New York State has been proposed. There have been proposals for (1) the State of Long Island, (2) the State of Niagara comprised of western counties, (3) the State of Upstate New York comprised of northern counties, and (4) the State of New York City.
No Chance of Becoming Law
Why would DiPietro sponsor bills he knows have no chance of becoming law? Why would he waste the time of his fellow legislators and supporters and waste state money on this craziness? Assuming DiPietro is of average intelligence and without a mental defect, there must be a good reason for his proposal. What does he get out of it?
The answer is that these are not “real” bills. They are not serious efforts to enact legislation. These proposals are not designed to make laws or establish policies. The proposal to divide New York State, the six-week abortion ban, and the obstetric ultrasound requirement are “messaging bills.”
This is a political game meant to get people excited about specific issues (“We must free upstate from evil downstate people”), raise lots of money (“Please donate $100, $200 or more to help us fight against downstate evil”) and demonize opponents (“Politicians who don’t believe in dividing New York are bad and must be defeated at the polls.”). [N.B. The italicized text is satirical]
"...they are introduced with the complete understanding that they will never become law. The message is the point..."
Professor Casey Burgat, George Washington University
Messaging Bill Raise $ and Distract Voters
Messaging bills focus voters on the issues the politicians want them to focus on and distract them from other problems. DiPietro used his “divide New York State” messaging bill to rile up people in his 147th Assembly District and draw attention to himself.
And it works!! A Google search shows dozens of web pages about DiPietro’s proposal to split New York State from as far away as Miami.
In 2021, DiPietro made his pitch to various upstate groups. Following his presentation to the Bethany Town Board, they passed a resolution to support splitting up New York. “The Town Board strongly encourages the other municipalities of Genesee County, the Genesee County Legislature and the New York State Senate and Gov. Andrew Cuomo to pass this legislation.”
Support for fake legislation reinforces the downstate view that the people in Western New York are politically unsophisticated and easily misled by their politicians. It also has economic consequences in terms of job creation.
While politicians in other parts of New York State are focused on bringing federal and state resources ($$$$$) to their districts, DiPietro is pushing fake legislation. Mitch Martin, his rival in the upcoming June 25th Republican primary, picked up on this and wrote on his campaign website, “The 147th District has unfortunately been neglected for the past decade. Besides social media bluster and voting no on anything and everything – our current representation is nowhere to be found. They aren’t out in our communities and they aren’t securing tangible results to set our region up for success.”
Neither DiPietro’s opponent in the June 25th Republican primary Mitch Martin – a chief with the Erie County Sheriff’s Office and the chairman of the Town of Boston’s Republican Committee – nor DiPietro’s Democratic opponent in the general election, Darci Cramer – a licensed mental health care professional and small business owner – have attacked DiPietro’s position against women’s health on their websites or voter material.
In the June 25th Republican primary, Mitch Martin will probably not attack DiPietro for proposing anti-abortion legislation. The Republican Party is against a woman’s right to choose. Now, its beginning to look like the Republican Party is even against the right to contraception.
In the November general election, Cramer should go after DiPietro for his far right proposals to strip away a woman’s right to choose. This issue will resonate with Democrats and some Republican women in the 147th Assmebly district.
DiPietro introduced extremist legislation. He’s extremely vulnerable on these issues in the Fall. Cramer needs to make voters aware of his record on woman’s rights.