Last week, the Department of Justice (DOJ) announced it believes that the Affordable Care Act’s (ACA’s) individual mandate has become unconstitutional as a result of Congress eliminating the individual mandate tax penalty in the tax reform legislation passed last year.

DOJ also said it believes that Congressional repeal of the individual mandate penalty renders language banning insurers from charging people more or denying them coverage based on a pre-existing condition unconstitutional.

The DOJ’s announcement came in response to a lawsuit from conservative states seeking to invalidate the Affordable Care Act. First arguments in the Texas court case will be heard later this year before District Judge Reed O’Connor. Whatever the outcome of the case, the result is likely to be appealed—with a good chance it will eventually make its way to the Supreme Court.

Wyatt Stewart is Big “I” senior director of federal government affairs.