Doctor: ‘Fetal heartbeat’ in abortion laws taps human emotion, not science

NASHVILLE — Dr. Michael Cackovic has treated his share of pregnant women. So when Republican lawmakers across the U.S. began passing bans on abortion at what they term “the first detectable fetal heartbeat,” he was exasperated.

That’s because at the point where advanced technology can detect that first flutter, as early as six weeks, the embryo isn’t yet a fetus and it doesn’t have a heart. An embryo is termed a fetus beginning in the 11th week of pregnancy, medical experts say.

“You cannot hear this ‘flutter,’ it is only seen on ultrasound,” said Cackovic, a maternal fetal medicine specialist at Ohio State University’s Wexner Medical Center, where some 5,300 babies are born each year.

Yet bans pegged to the “fetal heartbeat” concept have been signed into law in 13 states, including Cackovic’s home state of Ohio. None has taken effect, with all but the most recently enacted being struck down or temporarily blocked by the courts. Now, one of the most restrictive, signed by Tennessee’s Republican Gov. Bill Lee last year, goes before the 6th U.S. Circuit Court of Appeals on Thursday.

Proponents of these so-called “heartbeat bills” are hoping for a legal challenge to eventually reach the U.S. Supreme Court, where they look for the conservative coalition assembled under President Donald Trump to end the constitutional right to abortion protected under the high court’s landmark 1973 Roe v. Wade ruling.

The notion that abortion as early as six weeks into pregnancy “stops a beating heart” helped propel the measures to rise above persistent constitutional concerns in the states that have backed them.