A federal judge in Texas has temporarily blocked the enforcement of a near total ban on abortion in the state, calling the law “flagrantly unconstitutional”.
Senate Bill 8 has been dubbed the “Heartbeat Bill” because it bans abortion once cardiac activity in a embryo can be detected on an ultrasound scan, often as early as six weeks into a pregnancy and often before a woman knows she is pregnant.
It has reframed national debate about whether abortion will remain legal and been widely condemned by women’s rights activists who say it is sweeping away decades of progress.
In a 113-page ruling, Judge Robert Pitman sided with them and the Biden administration which sued Texas in a bid to immediately halt enforcement of the law. He took exception to what he called an “unprecedented and aggressive scheme” to deprive women of their right to choose.
The law, which came into effect last month, has been particularly controversial because of the peculiar way it was enforced, deputising private citizens to take legal action against abortion providers and even taxi drivers taking women to appointments, incentivising them to bring lawsuits which could result in a $10,000 payday if successful.
“From the moment S.B. 8 went into effect, women have been unlawfully prevented from exercising control over their lives in ways that are protected by the Constitution,” Pitman wrote. “That other courts may find a way to avoid this conclusion is theirs to decide; this Court will not sanction one more day of this offensive deprivation of such an important right.”
Whole Woman’s Health, a leading abortion clinic in Texas, welcomed the ruling and said they are making plans to resume abortion care up to 18 weeks as soon as possible.
A spokesperson said: “We breathe a deep sigh of relief. This is the justice we have been seeking for weeks and we are grateful that the court has finally stepped in to curb some of the harm Texans have faced.”
This is a hugely significant victory for those who have fought for a woman’s right to access abortion services in Texas. It could also have national implications because some states were considering using the Texas bill as a blueprint for their own restrictive abortion laws.
But what it will mean in the real world is uncertain, with many abortion providers confused about how long this ruling will stand. The state of Texas has already appealed the judgement to another court, the 5th circuit court of appeals, which could issue a stay of the district judge’s order, allowing the law to remain in effect while litigation proceeds.
In December it will consider a case from Mississippi restricting abortion after 15 weeks. The judgement could overturn the landmark Roe v Wade 1973 ruling which legalised abortion nationwide.
Voters across 50 states are preparing to cast their ballots after a bitterly contested US election campaign, which will see Donald Trump or Kamala Harris become president.
In the last few hours, both candidates have been giving their final pitches. “The momentum is on our side,” Ms Harris told a crowd in Philadelphia that chanted back, “We will win”.
“Tonight, then, we finish as we started: with optimism, with energy, with joy,” she said, while enjoying the support of celebrity endorsements on the day from Katy Perry, Lady Gaga and Jon Bon Jovi.
In contrast, Mr Trump ended his campaign in Michigan, repeating key messages about the economy and immigration.
A handful of states will play a crucial role in determining the outcome of the election. Arizona, Georgia, Michigan, Nevada, North Carolina, Pennsylvania and Wisconsin hold the keys to the White House.
To become president, the winning candidate needs 270 electoral votes or more, with each state carrying a different number of votes.
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But the focus has been on Pennsylvania which carries 19 electoral votes, the most of all the swing states.
It has been a remarkable journey for both candidates – with Mr Trump surviving two assassination attempts and Ms Harris not even originally in the running.
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For more than a year, the 2024 presidential race seemed destined for a rematch between Joe Biden and Mr Trump – but a disastrous TV debate by Mr Biden eventually forced him to withdraw from the ticket.
The Democratic party’s decision to replace Mr Biden with his vice president transformed the race and shifted polls in Ms Harris’s favour. But only just.
Many polls are too tight to call and, with a large margin of error, most experts are refusing to predict the outcome.
Later, attention will turn to those battleground states including Georgia, which is among the first polls to close at 7pm local time (midnight UK time).
State election officials told Sky News they could have a result as early as 10pm (3am UK time).
Even so, it could be several days before the US has a definitive result.
Voters are not just selecting a president. In addition, 10 states will hold abortion-related ballots, half of which would overturn existing restrictions.
Predict who you think will win in each swing state and we’ll tell you who the president will be if you’re right.
Tonight, Sky News will have access to the most comprehensive exit poll and vote-counting results from every state, county and demographic across America through its US-partner network NBC.
You can find out more about Sky News’ coverage here.
Up to 4,000 people voting overseas in the US election are having their ballots challenged in Pennsylvania, a key battleground state, according to the American Civil Liberties Union (ACLU).
They include Selma Aldi, 47, from Camden in north London who received a letter on Sunday explaining that her ballot in the US presidential election is at risk of being rejected.
“It was a shock,” she said. “It was terrifying to be targeted, to potentially lose a right that I hold as very important. It’s even a feeling that someone is questioning my identity.”
The trainee GP, who grew up in Hershey, Pennsylvania left America in 2000 but has voted via absentee ballot in every US presidential election since.
A letter from election officials in Dauphin County outlines the legal challenge. It reads: “The applicant is not registered to vote and therefore is not eligible to vote in Pennsylvania.
“Under Pennsylvania law, it is a felony to permit any person to vote who is not registered.”
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A hearing on the legal challenge is scheduled for Friday, in which Ms Aldi can respond.
Around 2.8 million US citizens living abroad are entitled to vote in the election, no matter where they are on polling day.
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But each state has different procedures and rules on how election paperwork can be sent and received.
But Ari Savitzky, senior staff Attorney at the ACLU said “any attempt to challenge [voters] eligibility is a clear violation of their rights”.
He told Sky News: “Between 3,000 and 4,000 challenges have been filed in Pennsylvania to the absentee ballots of US citizens living abroad.
“For decades, federal law has guaranteed the right of US citizens living abroad to vote in federal elections at their last US residence.
“In addition to being legally baseless, these challenges are an abuse to voters and to election administrators.”
Deborah Hinchey from another voting rights group, All Voting is Local, said: “Election deniers across Pennsylvania have submitted thousands of mass challenges to overseas voters.
“They want to block as many ballots as possible and silence our voices… but these baseless challenges have failed before and the proper checks and balances are in place to make sure they’ll fail again,” she added.
Tonight, Sky News will have access to the most comprehensive exit poll and vote-counting results from every state, county and demographic across America through its US-partner network NBC.
You can find out more about Sky News’ coverage here.