Since there are a lot of opinions floating around let me add mine.

The treaties were established by agreements between two entities - the tribes represented by their leaders representing their tribal members and the U.S. Government by its leaders representing its citizens. Each negotiated for their citizens keeping in mind that the tribes were Governments then and continue to demand Government to Government relationships today. Sovereign Nations??

But what has happened is that the tribal members became U.S. citizens in the early 1920s but the tribal organizations and memberships were retained - call it dual citizenship. Frankly, that was the point at which the issue of the continuation of treaties and treaty rights should have been addressed; a quid pro quo.

What we have now is the U.S. Government (remember, it was the non-Indian Government at the time) now enforcing the treaties on the State but also failing to protect the rights of the citizenship it represented at the time of Treaty signature.

So, if the Feds feel obliged to sue the State to enforce the Treaty rights for the tribes then the Feds need to also take the appropriate actions necessary to protect the rights of the other citizens covered under those treaties.