No, the senate did not:
The Volokh ConspiracyLet’s recall why the Affordable Care Act is so messed upBy
David Bernstein
June 25, 2015

Senate Majority Leader Harry Reid, (D-Nev.) (AP Photo/J. Scott Applewhite)
Now that Chief Justice John Roberts has decided that the overall structure, intent, and viability of the Affordable Care Act is more legally salient than its actual language, it’s worth pausing a moment to remember how the law was passed, and why various inconsistencies, ambiguities, internal contradictions, and other problems were not just predictable but inevitable. As
I explain in my forthcoming book, “Lawless”:
The Democratic leadership, fearful that momentum for Obamacare was fading as it continued to poll poorly, decided to rush a bill through the Senate before Christmas 2009. On November 18, Majority Leader Harry Reid merged two separate pending bills into a bill to be voted on by the Senate…. To meet the self-imposed Christmas deadline, Reid provided only six days for debate [on the final version of the bill]. The Senate bill passed on a strict party line vote, 60-39.
Few people, including Senators and their staffs, had time to read the whole 2,700 page bill, much less note any possible weaknesses, flaws, or ambiguities. Reid and other Senate Democrats weren’t terribly worried about this. The bill was set to go to the House, then back to the Senate, then to “reconciliation” between the House and the Senate versions, and then to the president for his signature. Everyone thought there would be plenty of opportunities to make changes.
But a major impediment arose soon after the Senate bill passed. Democratic Senator Ted Kennedy had died that past summer, and the January special election to replace him was won by Republican Scott Brown, who ran as a strong opponent of Obamacare. This deprived the Democrats of their filibuster-proof majority in the Senate, and meant that the Senate would not be able to pass a revised bill. The only way to pass Obamacare at this point was to have the House vote on identical legislation to the Senate bill, while engaging in legally dubious procedural maneuvering. And that’s what the Democrats did.
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