It seems to me that the other state programs that have been approved have the same flaw. Timothy Jost More Quotes by Timothy Jost More Quotes From Timothy Jost The DOJ agrees with Texas that the individual mandate is unconstitutional once the tax penalty was zeroed out, and if The DOJ is struck down, the guaranteed issue and community ratings provisions go with The DOJ, in other words, people can once again be denied insurance because of pre-existing conditions or be charged more. Timothy Jost top-news In its filing The DOJ said that it agrees with Texas that the individual mandate is now unconstitutional and therefore it will not defend key provisions of the law in the suit. Timothy Jost top-news