As expected, Kentucky’s newly approved Medicaid work requirements are now being challenged in court, on behalf of 15 named plaintiffs who depend on Medicaid but would not be able to comply with the state’s new mandates.

What they’re saying: The lawsuit challenges HHS’ approval of Kentucky’s waiver on two grounds, including a vi0lation of the Constitution’s “Take Care Clause.”

1. The lawsuit claims HHS’ approval decision violates the Constitution’s “Take Care Clause,” which directs the executive branch to “take care that the laws be faithfully executed.”

  • This will be a tough one to win. The courts haven’t relied on this clause much, and even when they have, it’s sometimes been interpreted as a grant of executive authority as much as responsibility.

2. The challengers also say HHS violated the Administrative Procedures Act by approving a waiver that, in their view, does not further the goals of the Medicaid program (a requirement for the type of waiver Kentucky obtained) and did so without going through the full notice-and-comment rulemaking process.

  • This is roughly the set of claims legal experts anticipated, and will likely form the bulk of this legal debate, both in Kentucky and as it expands along with more waiver approvals.

Reminder: Kentucky Gov. Matt Bevin has directed his administration to pull out of the Medicaid expansion entirely if the courts ultimately block his work requirements from taking effect, so there’s a lot riding on this lawsuit.

Go deeper

13 hours ago - Health

15 states broke single-day coronavirus records this week

Data: Compiled from state health departments by Axios; Map: Danielle Alberti/Axios

At least 15 states broke their single-day novel coronavirus infection records this week, according to state health department data reviewed by Axios.

The big picture: The number of coronavirus cases increased in the vast majority of states over the last week, and decreased in only two states plus the District of Columbia, Axios' Andrew Withershoop and Caitlin Owens report.

Updated 14 hours ago - Politics & Policy

Coronavirus dashboard

Illustration: Aïda Amer/Axios

  1. Global: Total confirmed cases as of 3 p.m. ET: 11,143,945 — Total deaths: 527,681 — Total recoveries — 6,004,593Map.
  2. U.S.: Total confirmed cases as of 3 p.m. ET: 2,818,588 — Total deaths: 129,584 — Total recoveries: 883,561 — Total tested: 34,213,497Map.
  3. States: Photos of America's pandemic July 4 ICU beds in Arizona's hot spot reach near capacity.
  4. Public health: U.S. coronavirus infections hit record highs for 3 straight days.
  5. Politics: Trump extends PPP application deadlineKimberly Guilfoyle tests positive.
  6. World: Mexican leaders call for tighter border control as infections rise in U.S.
  7. Sports: 31 MLB players test positive as workouts resume.
  8. 1 📽 thing: Drive-in movie theaters are making a comeback.
14 hours ago - Health

In photos: America celebrates July 4 during global pandemic

Photo: Francine Orr/Los Angeles Times/Getty Images

The U.S. has already celebrated Easter, graduations and so much more during the coronavirus pandemic, and now it can add July 4 to the list.

The state of play: Axios' Stef Kight writes public parades and fireworks displays around much of the country are being canceled to prevent mass gatherings where the virus could spread. Hot-dog contests and concerts will play to empty stands and virtual audiences — all while American pride treads an all-time low.