Tag Archives: affordable care act

“Passing” versus “upholding” a law.

First: I am thrilled that today the Affordable Care Act (ACA, also known as Obamacare) was judged by the Supreme Court to be constitutional.

Second: The Supreme Court did not “pass” this act.

Third: The Supreme Court did uphold this act.

Fourth: “Uphold” and “pass” are two different things, and in fact it would not have been possible for the Supreme Court to “pass” this legislation. As much as we talk about legislating from the bench, the court has to have a law presented to them before they can rule on it, and Congress is where this law was actually passed. If it hadn’t been passed, then there would have been no way to challenge it. I’m sure the lawyers out there will correct me on that if I’m wrong. But I’m pretty sure I’m not wrong.

As happy as I am that many many people will continue to get health coverage and not fall victim to pre-existing conditions, discriminatory premiums and more, the writer and editor in me is dying to take a red pen to all those tweets talking about how the court “passed” the law.

What the court did do was uphold the law, i.e., agree that it was constitutional (although not on the grounds that most expected it to be upheld upon). Alternatively, it could have struck down the law.

But the law had already passed. In Congress. Which is where laws get passed. They do not get passed in the Supreme Court.

Thus ends today’s civics lesson. Thank you.