On the ACA he didn't have the votes because Republicans were suing to keep Al Fraken from taking office, and by the time that bullshit ended Ted Kennedy had stopped showing up for work, but managed to cling to life for months, then the Tea Party filled Kennedy's seat, so the only time he had the 60 votes needed in the Senate was the few week's Kennedy's temporary appointment was seated, and that time included Christmas and New Year's.