and I do not know if they can over-ride the Byrd Rule, when the Senate parliamentarian I believe has already said it must pass the Byrd Rule, without going to the courts.
What begs the question is if it could be done through reconciliation, why aren't they doing it by now?
Here is an article addressing the points you bring up Dan:
http://talkingpointsmemo.com/dc/blame-the-senate-rules
"To solve this conundrum, Freedom Caucus member and current holdout on the bill Rep. David Brat (R-VA) told reporters Thursday that the Senate should blow up its 60-vote rule and push the bill through with 51 votesoverruling the Senate parliamentarian. Brat described it as going nuclear, a term which in recent political history has meant blowing up the Senate filibuster. This is a different scenario, but the upshot would be similar: avoiding a Senate filibuster.
Holding court with reporters in the ornate House Speakers Lounge after a vote on Thursday, Brat complained that House Speaker Paul Ryan (R-WI) has urged Republicans to be mindful of the Senates rules, which limit what policies they can include in their bill.
He wants to be respectful of the Senate rules. I do not, Brat said. Were getting information that everything we want is being blocked in the Senateinsurance regs stuff especially. But I dont buy that. Whoever is sitting in the chair can rewrite the rules.
Here is additional information, and it is complicated as I mentioned before:
https://www.vox.com/policy-and-politics/2017/5/22/15629974/senate-byrd-rule-obamacare-repeal