The judge presiding over the classified documents case against former President Donald Trump made waves Monday after she dismissed the indictment based on the “unconstitutional” appointment of special counsel Jack Smith, raising questions about the future of Smith’s two cases against Trump.

The decision by the Trump-appointed U.S. District Judge Aileen Cannon also leaves lingering inquiries about the proper means to appoint special counsels for federal criminal cases. Her decision isn’t final, and a spokesman from the special counsel’s office said Monday afternoon the Department of Justice has authorized the office to appeal the ruling to the U.S. Court of Appeals for the 11th Circuit.