in custody in texas and wanted an abortion had the procedure today. yesterday a federal appeals court cleared the way for the move. justice department did not appeal to the u.s. supreme cour supreme court. today the white house press secretary said the administration had planned to file an emergency stay request with the high court this mornin morning. >> school is in session for thousands of students in puerto rico. media reports say tuesday marked the first wave of school openings since hurricane maria. yesterday the senate passed $36.5 billion of a bill, a recovery bill that would send aid to puerto rico. officials increase the death toll from hurricane maria to 51. cuban authorities say u.s. claims that some kind of sonic device injured its diplomats cannot be proven. american officials say the injuries are very real and someone caused them. cuba likely knows who.