Here are the new materials in United States v. Washington, subproceeding 17-03 (W.D. Wash.):
Here is the petition in Jamestown S’Klallam Tribe v. Lummi Nation:
The question presented is whether the Ninth Circuit—in conflict with decisions of this Court and other courts—properly abrogated the long-settled and original understanding of a central treaty term, without any legal or factual basis for doing so, and while redefining the boundary of a major body of water to accommodate its novel treaty interpretation.
Lower court materials here.
Here are the updated materials in United States v. Washington (W.D. Wash.), subproceeding 19-01:
Earlier briefs here.
Here are the notices of withdrawal of laches as a defense in United States v. Washington subproceeding 17-03 (W.D. Wash.):
As I wrote in 2015, I see this as a good thing — the possibility that the laches defense could be used against tribal treaty rights has hung like a smoggy haze over Indian country ever since 2005. It staggers me to think that tribes would do this to themselves for short-term, and probably illusory, gain.