Having previously argued, under AG Jeff Sessions, that only the law's pre-existing condition protections should be struck down, DoJ lawyers told a federal appeals court Monday it thinks the whole of ObamaCare is unconstitutional, siding with a Texas district court ruling that found Obamacare unconstitutional.

In a letter Monday night, the administration said "it is not urging that any portion of the district court's judgment be reversed."

"The Department of Justice has determined that the district court's comprehensive opinion came to the correct conclusion and will support it on appeal," said Kerri Kupec, spokesperson for the Justice Department.

The Hill points out that the case centers on the argument that since Congress repealed the tax penalty in the law's mandate for everyone to have insurance in 2017, the mandate can no longer be ruled constitutional under Congress's power to tax.